Overseas Investors Beware: Hardship May Upset Pacts

Law360, New York (September 22, 2010, 12:56 PM EDT) -- Your company has invested several hundred millions of dollars in an infrastructure project in an emerging market country. Although the country’s politics and economy have historically been unstable, recent reforms have made it attractive for overseas investment. Your financial projections are rosy, predicting an income stream sufficient to pay debt and earn a comfortable return.

Still, as a prudent businessman, you insisted on financial protection from your local partner, perhaps in the form of minimum payments or contingency payments if revenues fall short of expenses and...
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