Patrick Duffy offers insights into impact of political risk on infrastructure projects in Canada – Canadian Lawyer, Law Times

November 12, 2018

Patrick Duffy Canadian Lawyer and Law Times both turned to Patrick Duffy for his expert insights on how the rise of political risk in Canada can impact infrastructure projects.

 

"Sovereign risk rising for infrastructure deals, Canadian Lawyer Magazine, November 5, 2018

Patrick explains the necessity for in-house counsel to make certain their infrastructure contracts have appropriate clauses to protect them from discriminatory action if a new government comes in and changes the law. He further states appropriate contracts give companies options and allow them to claim damages.

Change in provincial government impacts clients, Law Times, November 5, 2018

Patrick Duffy says that in-house counsel with infrastructure projects affected by government cancellations should see if there is an international trade remedy; although he adds that the elimination of investor-state protection in the recent United States-Mexico-Canada Agreement does limit those opportunities going forward. He states that when he negotiates contracts with governments, he often tries to include change-of-law or discriminatory action provisions.