CreditSlips

Can Russia Pay its 2022 Dollar Bond Obligation in Rubles? (More dodgy Russian bond clauses?)

04/17/22

I didn't think so. But one of my students has me questioning myself.

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That Odd Sri Lankan Airline Guaranteed Bond

04/16/22

Mitu Gulati & Mark Weidemaier

After months of waffling, Sri Lanka’s head-in-sand government has finally acknowledged that it cannot pay its debts. The cavalry (IMF) has been called in and we guess that hordes of potential restructuring advisers are flying to Colombo to offer their services. Assuming they have done their homework, their proposals surely will consider both the government’s own debt and a Sri Lankan airline bond that the government has guaranteed.

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How to Destroy the Collective Action Clause

04/15/22

Mark Weidemaier & Mitu Gulati

We almost hate to post this, because it is so simple, and so fundamental, that it seems almost surely wrong. But if it’s wrong, we can’t see why. Maybe a reader can explain? Here goes.

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Ukraine versus Russia, English Supreme Court

04/14/22

Bailiffs for Gunboats is the title I have given to a short paper to be published in a Festschrift for the famous German scholar, Christoph Paulus, lately head of the law faculty at Humboldt, Berlin. It discusses a case remarkably overlooked despite its unusual facts, its major legal and political implications, and its role as a prelude to the horrors of the current war in Ukraine.

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The decline and fall of commercial law

04/13/22

A listserv post this morning accentuated a troubling trend at the intersection of commercial law and bankruptcy practice: a marked decline in confident expertise in the former.

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Odd Lots Podcast: The Narrowly-Avoided Russian Debt Default

03/22/22

Mitu and I have posted a few times (here, here, and here) about some of the odd fe

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Spoils Don't go to the Aggressor

03/19/22

Mark Weidemaier & Mitu Gulati

Ukraine has suffered an unprovoked invasion by a militarily more powerful neighbor, Russia, that covets its territory. The weaker Ukraine, in danger of being overrun, desperately seeks external financing for defense and to support its population. What might we think the rules of international law would be regarding the responsibility to pay that debt?

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Should Investors Who Care About ESG Buy Russian Sovereign Bonds?

03/14/22

Mark Weidemaier and Mitu Gulati

Umm... no?

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The Alternative Payment Currency Event Clause in Russian Sovereign Bonds

03/09/22

Mark Weidemaier and Mitu Gulati

A clause in recent Russian dollar and euro currency bonds – presumably written in anticipation of the possibility of sanctions from the US or the European Union -- allows payments to be made in a currency other than Euros and US dollars under certain conditions. Russia’s 2019 bond issuances in US dollars and Euros says, for example, that the Russian Federation may, under conditions “beyond its control”, make payments in an “alternative payment currency."

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Are Russian Sovereign Bonds Now Worthless?

03/07/22

That is the question Mitu and I discuss in the latest Clauses and Controversies episode.

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