Repository logo
 

Opening Pandora's Box - Sovereign Bonds in International Arbitration


Type

Article

Change log

Authors

Abstract

Over the last two decades, private creditors have increasingly resorted to litigation in national courts as a means of obtaining payment on defaulted sovereign debt. Arbitration under the auspices of the International Centre for Settlement of Investment Disputes is commonly mentioned as a viable alternative. Such attempts to take defaulting countries to arbitration could upset the sovereign debt market's delicate equilibrium, and they are also unlikely to succeed. The article shows why ICSID may lack jurisdiction over sovereign debt instruments and why sovereign defaults generally do not trigger state responsibility.

Description

Keywords

Journal Title

The American Journal of International Law

Conference Name

Journal ISSN

Volume Title

101

Publisher

American Society of International Law

Publisher DOI