Book contents
- The International Law of Sovereign Debt Dispute Settlement
- Cambridge Studies in International and Comparative Law: 171
- The International Law of Sovereign Debt Dispute Settlement
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes, Bills and Treaties
- Abbreviations
- Introduction
- Part I Regulation through Contract and Litigation
- Part II Regulation through Treaty and Arbitration
- 6 Jurisdiction of Arbitral Tribunals over Sovereign Debt Disputes
- 7 Admissibility of Sovereign Bond Claims
- 8 Checks and Balances at the Stage of Merits
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
7 - Admissibility of Sovereign Bond Claims
Mass Claims Arbitration as a Supplemental Leverage over Holdouts
from Part II - Regulation through Treaty and Arbitration
Published online by Cambridge University Press: 15 September 2022
- The International Law of Sovereign Debt Dispute Settlement
- Cambridge Studies in International and Comparative Law: 171
- The International Law of Sovereign Debt Dispute Settlement
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Table of Cases
- Table of Statutes, Bills and Treaties
- Abbreviations
- Introduction
- Part I Regulation through Contract and Litigation
- Part II Regulation through Treaty and Arbitration
- 6 Jurisdiction of Arbitral Tribunals over Sovereign Debt Disputes
- 7 Admissibility of Sovereign Bond Claims
- 8 Checks and Balances at the Stage of Merits
- Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
The next battleground involves the admissibility of sovereign bond claims in investment treaty arbitration, which emerges as a complicated issue particularly when a large group of bondholders bring a case as a bundle against the debtor sovereign. To attain an appropriate balance between bondholder protection and respect for orderly debt restructuring, this study has conceptualised investment arbitration proceedings as a supplemental leverage available for bondholders as a group by which a stay of arbitral proceedings is imposed and lifted amid the fair progress of sovereign debt restructuring processes.
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- The International Law of Sovereign Debt Dispute Settlement , pp. 202 - 238Publisher: Cambridge University PressPrint publication year: 2022