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To formalize or not to formalize: creditor-debtor engagement in sovereign debt restructurings

Accepted version
Peer-reviewed

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Type

Article

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Authors

Waibel, MW 

Abstract

Creditor-debtor engagement in one form or another has been a feature of many sovereign debt restructurings. In some cases, debtor-creditor engagement has been formalized and took the specific form of creditor committees. Views differ considerably on the merits and demerits of CCs, and on the level of prescription and detail that is desirable from a policy perspective. The incentives of the main actors in sovereign debt also differ with respect to creditor engagement, particularly as regards ex ante contractual clauses. The article focuses on the possible content of creditor-debtor engagement. Creditor-debtor engagement can take four main forms: (i) the insertion ex ante of contractual clauses in bond documentation for creditor committees (CCs); (ii) ex ante best practices for formal creditor committees; (iii) ex ante best practices for engagement between creditors and debtors or (iv) ex post agreement between the debtor and creditor on creditor engagement or CCs.

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Keywords

4801 Commercial Law, 4803 International and Comparative Law, 48 Law and Legal Studies

Journal Title

Capital Markets Law Journal

Conference Name

Journal ISSN

1750-7219
1750-7227

Volume Title

13

Publisher

Oxford University Press
Sponsorship
United Nations