Legal Question in International Law in Bahamas

contract/administrative law

Where three governments agree with a multinational company for it to give up some of its rights in the respective countries in return for pricing considerations, can a regulatory body that has authority to regulate those said prices seek to do so subsequent to the agreement?


Asked on 2/05/03, 2:43 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: contract/administrative law

"Can they do this" is almost always answered "yes" when the "they" in question are the government. Of greater relevance is whether you have any recourse if the government so acts.

Your question is short on facts, but the pattern suggests that the multinational company is not chartered in the country whose agency is threatening to regulate pricing. Accordingly, the question is likely to be resolved in light of applicable bi-lateral or multi-lateral investment treaties between the regulating state and the state in which the multinational company is chartered.

Best wishes,

LDWG

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Answered on 2/05/03, 3:25 pm
Volker Hirsch RA Hirsch

Re: contract/administrative law

In principle, yes. It will depend on a variety of factual questions, in particular who acted in what capacity. Most (civilzed) countries apply doctrines similar to the "checks and balances" system in the US, which is why e.g. a government could not under all circumstances enter into agreements that would obstruct, say, anti-trust bodies from acting. Before more can said, frankly, more details are needed.

Kind regards,

Volker Hirsch

PS: It would also help to say which countries are involved ;-)

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Answered on 2/05/03, 4:31 pm


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