Kies de Nederlandse taal
Course module: 600294-M-6
International Commercial Law
Course info
Course module600294-M-6
Credits (ECTS)6
CategoryMA (Master)
Course typeCourse
Language of instructionEnglish
Offered byTilburg University; Tilburg Law School; TLS: Department of Business Law; Business Law;
Is part of
M International Business Law
prof. dr. J.A. Mc Cahery, J.D.
Other course modules lecturer
Academic year2019
Starting block
SM 2
Course mode
Registration openfrom 09/01/2020 up to and including 02/08/2020
At the end of the course students will be able to:
  1. Understand the main features of project finance;
  2. Understand project characteristics, risk analysis and management;
  3. Understand the role of advisors, insurance advisors and experts in project finance deals;
  4. Understand project financing institutions and legal regulations;
  5. Understand project funding options of project finance, including debt, leasing and project bonds;
  6. Understand the project company and contract structure; and
  7. Understand rating criteria for project lending and other financial arrangements
This course will focus on the growth and development of project finance, its distinguishing features and relations with other forms of finance. The course will examine the legal features found in project finance and infrastructure transactions.

First, the lectures will dissect a number of commercial contracts and other business documents, by primarily focusing on the aspects that are relevant in most infrastructure and project finance negotiations, such as a letter of intent, a letter of comfort, a confidentiality agreement, contractual aspects of due diligence, etc. Furthermore a large number of commercial contract clauses, like change of control clauses, non-compete clauses, hardship and force majeure clauses, entire agreement clause, etc. are examined.

Second, the specific contracts that are consider most relevant for project finance and infrastructure transactions will be analyzed. The lectures will identify project risks and risk allocation devices, analyze purchase and sale agreements, operation and maintenance agreements, syndicated loan agreements, advisory and arranging activities, project leasing, credit and other financing agreements.
As a part of the exam, students will have to assess an agreement and comment on the terms and conditions of an infrastructure or project finance agreement. The assignment will be discussed in class.
Course available for exchange students
Available for all levels
Contact person
prof. dr. J.A. Mc Cahery J.D.
Timetable information
International Commercial Law
Required materials
Literature will be announced via Canvas.
Recommended materials
Case study assignment (30%)

Final Result

Take Home Exam (70%)

Kies de Nederlandse taal