Hardship and Changed Circumstances as Excuse for Non-Performance of Contracts - Practical Considerations in International Infrastructure Investment and Finance
Article from: TDM 5 (2007), in Infrastructure Investment & Dispute Management
Introduction
Investment in infrastructure is necessarily long-term. Most governments, lacking the resources and the expertise to finance and maintain infrastructure on their own, seek to attract foreign capital and expertise. To do so, they need to offer the possibility of predictable revenue streams over time frameworks ranging from five to thirty years, depending on the nature of the investment, with international developers and banks looking to the longer end of that spectrum. Therefore, in typical contracts related to investment - concessions, offtake agreements and production sharing ...