Force Majeure Event Clauses – A Risk Sharing Strategy in Charterparty for Offshore E & P Rigs and Shipbuilding Contracts

2012 ◽  
Author(s):  
Jayems Dhingra
Yuridika ◽  
2017 ◽  
Vol 32 (3) ◽  
pp. 541
Author(s):  
Yuniarti Yuniarti ◽  
Fifi Junita

The high level of Foreign Direct Investment (FDI) is also supported by the availability of infrastructure to the remote area where the investment will be implemented. However, with limited funds from both APBN and APBD, infrastructure development can not be fully done by the government. Therefore, the government will cooperate with the investor (private) in the implementation of infrastructure development known as public private partnership. The main problem in implementing PPP is the allocation of risk to PPP projects. The different bargaining positions between the government and the private sector resulted in the fact that most of them impose risks on private parties (private). Implementation of PPP is closely related to the emergence of various risks including and not limited to regulatory risks, force majeure, etc. If there is no risk allocation arrangement proportionally based on governance principles, it weakens the pattern of PPP cooperation in Indonesia. PPP as one form of risk sharing in infrastructure investment should not release the role and government support to private parties / investors. Even in practice, PPP implementation in Indonesia only relies on BOT (Build Operate and Transfer) scheme which is expected to minimize government support in project implementation. This will ultimately lead to project failure.


Author(s):  
Jing Qiu ◽  
Zhao Yang Dong ◽  
Ke Meng ◽  
Yu Zheng ◽  
Ying Ying Chen ◽  
...  

Complexity ◽  
2021 ◽  
Vol 2021 ◽  
pp. 1-23
Author(s):  
Qiang Wei ◽  
Daguang Sun ◽  
Xinyu Gou ◽  
Chunguang Bai

In the real business environment, due to unpredictable market demand or high prediction difficulty and low prediction accuracy, there will be inevitably operational loss in the field of e-commerce logistics caused by undersupply or oversupply of express service capabilities. At present, China is deepening the supply-side structural reforms. Confronted with the growing demand for e-commerce logistics express delivery, especially the urgent demand for tackling orders piling up to 1 billion pieces during the recent “Double 11” shopping carnival, it is very important and practical for us to study how to make scientific decisions on the supply side in the field of e-commerce express delivery. Therefore, in this paper, we design a sharing logistics cooperation mechanism considering both the undersupply and oversupply of express delivery service capabilities under stochastic demand. By comparing the earnings data of several listed express companies, we analyze four types of optimization strategies: the order flow proportion revenue sharing strategy (RE-OFP), the combined factors revenue sharing strategy (RE-RSF), the order flow proportion risk sharing strategy (RS-OFP), and the combined factors risk sharing strategy (RS-RSF). The research results demonstrate that the four optimization strategies of RE-OFP, RE-RSF, RS-OFP, and RS-RSF could achieve Pareto improvements in the operational performance of e-commerce express service. The performance of four revenue sharing and risk sharing strategies varies with different revenue sharing or risk sharing factors. Under some certain combined factors, the revenue sharing contract could help realize the supply chain coordination of the sharing logistics service. The sharing logistics cooperation mechanism based on equity investment proposed hereafter provides a feasible solution to solve the problems of high empty driving rate and operational cost of e-commerce express delivery service in urban areas.


2015 ◽  
Vol 744-746 ◽  
pp. 1924-1927
Author(s):  
Pin Lv ◽  
Cheng Zheng Ma

Based on enterprises’ risk sharing strategy, transportation decisions such as the mode of transportation, transport volume and frequency are analyzed in this paper with a single supplier and multiple retailers as a whole research object. The effect of transportation decision on transportation cost is quantified, and a logistics cost model is established based on the comprehensive consideration of transportation cost and inventory cost. The logistics cost under risk sharing mode is calculated by using a numerical example of different kinds of products and is compared with the logistics cost under traditional mode, which provides a basis for effective logistics cost control.


2020 ◽  
Vol 1 (2) ◽  
pp. 189-193
Author(s):  
Aisha Naiga ◽  
Loyola Rwabose Karobwa

Over 90% of Uganda's power is generated from renewable sources. Standardised Implementation Agreements and Power Purchase Agreements create a long-term relationship between Generating Companies and the state-owned off-taker guaranteed by Government. The COVID-19 pandemic and measures to curb the spread of the virus have triggered the scrutiny and application of force majeure (FM) clauses in these agreements. This article reviews the FM clauses and considers their relevance. The authors submit that FM clauses are a useful commercial tool for achieving energy justice by ensuring the continuity of the project, despite the dire effects of the pandemic. Proposals are made for practical considerations for a post-COVID-19 future which provides the continued pursuit of policy goals of promoting renewable energy sources and increasing access to clean energy, thus accelerating just energy transitions.


Author(s):  
Truman Packard ◽  
Ugo Gentilini ◽  
Margaret Grosh ◽  
Philip O’Keefe ◽  
Robert Palacios ◽  
...  
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