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Sovereign debt restructuring : the judge, the vultures and creditor rights

By Marcus Miller and Dania Thomas

Abstract

What role did the US courts play in the Argentine debt swap of 2005? What implications does this have for the future of creditor rights in sovereign bond markets?\ud The judge in the Argentine case has, it appears, deftly exploited creditor heterogeneity – between holdouts seeking capital gains and institutional investors wanting a settlement – to promote a swap with a supermajority of creditors. Our analysis of Argentine debt litigation reveals a ‘judge-mediated’ sovereign debt restructuring, which resolves the key issues of Transition and Aggregation - two of the tasks envisaged for the IMF’s still-born Sovereign Debt Restructuring Mechanism.\ud For the future, we discuss how judge-mediated sovereign debt restructuring (together with creditor committees) could complement the alternative promoted by the US Treasury, namely collective action clauses in sovereign bond contracts

Topics: HG, JX
Publisher: University of Warwick, Department of Economics
Year: 2006
DOI identifier: 10.1111/j.1467-9701.2007.01059.x
OAI identifier: oai:wrap.warwick.ac.uk:26

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Citations

  1. (2006). 12 Estimated to be 4% for both parties 26 account for delay under President Kirchner is explored by Ghosal and Miller
  2. (1999). 1998b “The Collective Representation Clause.” International Financial Law Review17(9):9. 20 ____________ .
  3. 2004a “Are there such things as international property rights?”, The World Economy, doi
  4. (2002). A New Approach to Sovereign Debt Restructuring. IMF: doi
  5. (2003). A Recontracting Sovereign Debt Model with Trade Credit”, doi
  6. (2005). After Argentina’. Policy Briefs doi
  7. (2006). Bargaining with Delay: Growth and
  8. (2005). Building a Better Seating Chart for Sovereign Restructurings” Emory Law
  9. (2006). But the court does not carry the same big stick as the Fund: its role is to promote negotiations between sovereign and the creditors to achieve a fair outcome, and to preserve the sovereign debt market. In this spirit,
  10. (2000). Can output losses following international financial crises be avoided?” doi
  11. (1998). Changing Bond Documentation: The Sharing
  12. (2000). Collective Action Problems and Collective Action Clauses.” Financial Stability Review Bank of England 8:142–51.
  13. Collective Action Shows the way Forward.” International Financial Law Review 1 ____________ .2005. “The Role of the Official Sector in Sovereign Debt Workouts.” Chicago
  14. (2004). Crisis costs and debtor discipline: the efficacy of public policy in sovereign debt crises.” doi
  15. (2005). Frankel, an economist who was a close observer of the swap, reckoned that the finance minister deserved a bronze statue in the Plaza de Mayo for his negotiating tactics!
  16. (2005). From Rogue Creditors to Rogue Debtors:
  17. (2005). Has the Legal Threat to Sovereign Debt Restructuring Become Real?” doi
  18. (2005). How to Avoid Self Fulfilling Debt Crises” LACEA
  19. (1999). International institutions for reducing global financial instability” doi
  20. (2005). Optimal sovereign debt: an analytical approach.” Mimeo. doi
  21. (2003). Proposed Features of a Sovereign Debt Restructuring Mechanism.” Legal and PDR Departments,
  22. (2005). Quis custodiet quem? doi
  23. (2006). Sustainability: The Argentine Debt Swap of 2005.” The World Economy ,
  24. (1985). The Costs of Default,
  25. (2004). The Reform of the Sovereign Debt Restructuring Process: Problems, Proposed Solutions, and the Argentine Episode.” doi
  26. (1995). The Sovereign Client.” doi
  27. (2004). Vultures or Vanguards? The Role of litigation

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