El contrato internacional de swap: reflexiones críticas
A swap is a contractual agreement evidenced by a single document in which two parties, called counterparties, agree to make periodic payments to each other. Subjects from different countries participate in the international swap contract. When conflicts arise over the interpretation or fulfillment o...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2018
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7044344 |
| Source: | Anuario de la Facultad de Derecho. Universidad de Extremadura, ISSN 0213-988X, Nº 34, 2018, pags. 269-291 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
A swap is a contractual agreement evidenced by a single document in which two parties, called counterparties, agree to make periodic payments to each other. Subjects from different countries participate in the international swap contract. When conflicts arise over the interpretation or fulfillment of the contract and the need to go to an organ that resolves the conflict is imposed, the counterparties may submit to a court of law or private arbitration. This question must be foreseen in the agreement. It is also important to consider the governing legislation to the resolution of the problem. Therefore, one of the issues that arise in these contracts is to foresee the jurisdiction to which the resolution of the conflict and the applicable legislation will be submitted. The diverse options that the interested parties have are analyzed in the present paper, as well as the consequences that may result from their choice. |
|---|