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Navigating Governing Law in Investment Contracts
This chapter explores the complexities of the Suriname clause and its significant implications for investors, particularly regarding changes in governing law and potential coercive restructuring. The discussion contrasts legal frameworks in jurisdictions like New York and Delaware, analyzing their strengths and weaknesses in sovereign debt cases. Participants probe the evolution of contract law, focusing on how floating choice of law provisions can create asymmetries and affect investor rights.