Does participating in the Protocol create any “negative inferences”?
The Protocol is designed to amend existing contracts and in a number of cases merely confirms the position under the contract. No negative inferences should be drawn from the fact that other contracts do not include such provisions. A decision to elect a particular amendment should not be understood to suggest that the position at law would otherwise give rise to a different result. It may be that parties have chosen to deal with the issue within the four corners of their contracts.
