SOVEREING IMMUNITIES AND ARGENTINA´S DEBT RESTRUCTURING PROCESS
DOI:
https://doi.org/10.5433/2178-8189.2016v20n1p42Keywords:
Jurisdictional immunity, Immunity from execution, Foreign State, Immunity resignationAbstract
This paper aims to an analyze and discuss Argentina´s jurisdiction and execution immunities in light of recent rulings made by the United States' courts regarding the South American country’s debt restructuring process. Although most creditors agreed to the renegotiated terms, a minority of bondholders, comprised mostly of speculative funds, sought and won an injunction prohibiting Argentina from paying the renegotiated bonds unless they simultaneously paid their holdouts the full amount due. Finally, we ask if and to what extent Argentina can be prosecuted in a foreign land and therefore, we will also examine the necessary conditions for the application of the injunction beyond the Latin American country’s territory.Downloads
Published
2016-04-28
How to Cite
Caetano, F. A. K. e, & Júnior, B. W. (2016). SOVEREING IMMUNITIES AND ARGENTINA´S DEBT RESTRUCTURING PROCESS. Scientia Iuris, 20(1), 42–58. https://doi.org/10.5433/2178-8189.2016v20n1p42
Issue
Section
Artigos