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2 results

  • 7 - Admissibility of Sovereign Bond Claims

  • from Part II - Regulation through Treaty and Arbitration
  • Kei Nakajima, University of Tokyo
  • Book:
    The International Law of Sovereign Debt Dispute Settlement
    Published online:
    15 September 2022
    Print publication:
    22 September 2022, pp 202-238

  • 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.