Rights, Duties and Obligations of Counter-Parties following Default under Derivative Contracts

Authors

  • Sean F. Collins

DOI:

https://doi.org/10.29173/alr487

Keywords:

Energy Law, Petroleum Law

Abstract

The article discusses the use of derivative contracts as a risk-management tool and the results of terminating such contracts, including: termination under conditions of insolvency and non-insolvency of a counter party; the use of collateral security to mitigate the risks of contractual obligations that might terminate prematurely; the duty to negotiate in good faith; notice requirements for termination of a derivative contract; and damages/penalties that arise when a contract is terminated prior to completion.

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Issue

Vol 42, No 1: Petroleum Law Edition

Section

Articles

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