Best efforts in corporate and financial contracting

Authors

DOI:

https://doi.org/10.21678/forseti.v11i15.1756

Keywords:

Contracts, Best efforts, hell or high water, underwriting

Abstract

This paper deals with the use of best efforts clause in corporate and financial transactions. For this purpose, best efforts clause is explained according to American
and English practice to later analyze how such Anglo-Saxon clause may be understood in general under civilian jurisdictions. Finally, hell or high water clause and best efforts underwriting contract are specifically analyzed.

Author Biography

  • Sergio García Long, University of the Pacific, Universidad del Pacífico, Pacific University, University of the Pacific, University of the Pacific

    Lawyer graduated from Pontificia Universidad Católica del Perú (PUCP) summa cum laude. His professional and academic activity focuses on Contract Law, Corporate Law, Mergers & Acquisitions, Financing and Arbitration. Associate at Vargas Pareja Abogados. He has been an adjunct professor in the courses "Law of Obligations, Civil Liability, Economic Analysis of Law" and "Corporate Law Topics" at the PUCP.

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Published

2022-02-01

Issue

Vol. 11 No. 15 (2022): Forseti N° 15

Section

Artí­culos

How to Cite

Best efforts in corporate and financial contracting. (2022). Forseti. Law Review, 11(15), 92-116. https://doi.org/10.21678/forseti.v11i15.1756