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Cross-border disputes: tax stabilisation clauses

Deal or no deal? Liesl Fichardt and Karabeth Ovenden (Quinn Emanuel Urquhart & Sullivan) consider practical points for companies which have received assessments that appear to disregard tax stabilisation provisions.
 

In recent weeks commentators and newspapers have reported on the challenges faced by corporates doing business in developing countries. Corporates may enter into formal agreements with local governments to facilitate investment development and business growth. However a deal which is too generous to the corporate for example by providing various incentives for a fixed period may not be respected by the government for the full duration of the agreement; or may simply result in the deal being no deal at all. On the other hand terms too favourable to the government could be uncommercial and result in no investment being made by the corporate.

Often there is the need to...

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