Banking / Finance

Legal Aspects of Sovereign Debt Restructuring

By Dr Rodrigo Olivares-Caminal
Sweet & Maxwell U.K. December 2009

Specifications

ISBN-13
9780414041349
Publisher
Sweet & Maxwell U.K.
Publication
December 2009
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

Legal Aspects of Sovereign Debt Restructuring provides a legal analysis of the problems with sovereign debt along with a toolkit to deal with these problems. It:

  • Discusses the concepts of how to restructure sovereign debt
  • Structured to cover the two key areas: the procedural aspects and the transactional aspects
  • Takes you through the logical sequence of steps a creditor has to consider before suing the sovereign
  • Shows how a successful judgment can be enforced
  • Covers the theoretical framework on sovereign debt restructures, including how syndicated loans were restructured into international bonds and the challenges involved
  • Describes the current decentralised market-oriented approach as opposed to the centralised, statutorily, non-market oriented approach of the “Sovereign Debt Restructuring Mechanism” proposed by the IMF and Rule 23 of the US Federal Rules of Civil Procedure
  • Gives examples of successful cases demonstrating bond restructurings in Russia, Ukraine, Pakistan, Ecuador, Uruguay, Argentina, Belize and Grenada
  • Presents the law according to English and US systems, with reference to the norms of other jurisdictions such as Argentina, Australia, Belgium, EU, Germany, Japan and Luxembourg where necessary
  • Features a workflow diagram
  • Covers all the relevant areas of the law in one publication

Table of Contents

Procedural aspects
Obtaining jurisdiction

  • Considering different options to sue the sovereign
  • Determining if the sovereign has immunity from suit
  • Personal and subject matter jurisdiction of the court
  • Act of state

Enforcing a judgment

  • Diplomatic missions
  • Central bank reserves
  • Payments from and to International Financial Institutions (IFIs)
  • Payments of other debt instruments
  • Military assets of the sovereign or other public enterprises

Transactional aspects
Theoretical framework on sovereign debt restructuring

  • Current debate: procedures and methods
  • Decentralised market oriented approach: voluntary and contractual approaches
    • Collective action clauses
    • Exit consents and term amendments
  • Other market oriented approaches
    • Code approach
    • The 'two-step' sovereign debt restructuring procedure
    • Ad-hoc creditor associations or committees
  • Statutory arrangements
    • Class actions under US law
    • The Sovereign Debt Restructuring Mechanism (SDRM) proposed by the IMF

Different case studies

  • Russia
  • Ukraine
  • Pakistan
  • Ecuador
  • Uruguay
  • Argentina
  • Belize
  • Grenada
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