Stabilisation clauses and the pursuit of certainty and predictability

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Chapter 4 in Predictability in Oil and Gas Investment Agreements, 2024, pp 105-167 from Edward Elgar Publishing

Abstract: This chapter examines the main types of stabilisation clauses and their validity and effectiveness. It analyses which stabilisation clauses can offer stable investment and proposes these to be equilibrium clauses. It advocates for the wider incorporation and better drafting of economic equilibrium clauses as the type of stabilisation clauses which are best suited to achieving balance between foreign investor’s and host state’s objectives. The chapter also considers stabilisation clauses in the context of umbrella clauses and legitimate expectations.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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