PLAY PODCASTS
Ep 167 - Will the Flip Clause Enter the Canon?

Ep 167 - Will the Flip Clause Enter the Canon?

Will the Flip Clause Enter the Canon? Contract i…

Clauses & Controversies · Mitu Gulati & Mark Weidemaier

January 5, 202633m 35s

Audio is streamed directly from the publisher (feeds.soundcloud.com) as published in their RSS feed. Play Podcasts does not host this file. Rights-holders can request removal through the copyright & takedown page.

Show Notes

Will the Flip Clause Enter the Canon? Contract innovation is rare in sovereign debt markets, so we are interested whenever someone adds a new clause to the existing set of canonical forms. A number of innovations have appeared in 2025, one of which is the "flip clause." The clause allows investors to opt out of the governing law and enforcement jurisdiction initially chosen in the debt instrument. We have some questions about the clause and doubt that in its current form it will gain widespread acceptance. Right now, it seems more symbol than substance — a way to metaphorically flip off the New York legislature. Producer: Leanna Doty