Application of English Law Concepts in a Russian Law Governed Facility Agreement

Student: Ionov Dmitrij

Supervisor: Roman Bevzenko

Educational Programme: Specialist

Year of Graduation: 2014

<p>Different English law concepts are often applied in Russian law governed facility (loan) agreements. However, this does not always result in what the parties expect being guided by the respective English practice. Therefore, it seems important to analyze the application of English law concepts in a Russian law governed facility (loan) agreement. The application of following English law concepts is studied in the graduate thesis: conditions precedent and conditions subsequent, representations and warranties, floating rate, default interest and fees. Based on the LMA (Loan Market Association) template of an English law governed facility (loan) agreement and the English legal doctrine, the study of the said concepts is included in the thesis. Besides, the thesis presents the in-depth analysis of options for qualification of each of the said concepts under Russian law and legal implications of its application in a Russian law governed facility (loan) agreement in case of one or another qualification. Moreover, the thesis generalizes about the application of the said English law concepts in a Russian law governed facility (loan) agreement in order to assess risks of the application of other English law concepts in such agreement.</p>

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