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Stabilisation clauses and the pursuit of certainty and predictability

In: Predictability in Oil and Gas Investment Agreements

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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.

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  • ., 2024. "Stabilisation clauses and the pursuit of certainty and predictability," Chapters, in: Predictability in Oil and Gas Investment Agreements, chapter 4, pages 105-167, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22141_4
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035308309.00007
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    Law - Academic;

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