The Origins of Argentina’s Litigation and Arbitration Saga, 2002-2016

Arturo Porzecanski ()

MPRA Paper from University Library of Munich, Germany

Abstract: The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the U.S. Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related litigation activity might be explained by the sheer size of the government’s 2001 default, the world’s largest-ever up to that point. However, its true origins were the unusually coercive, aggressive way that the authorities in that country went about defaulting on, and restructuring, their sovereign debt obligations, as well as the radical, seemingly irreversible changes to the “rules of the game” affecting foreign strategic investors, which broke binding commitments prior governments had made in multiple bilateral investment treaties.

Keywords: Argentina; FSIA; sovereign; default; expropriation; restructuring; New York; ICSID (search for similar items in EconPapers)
JEL-codes: E6 F3 F34 F5 F51 F65 H63 K4 N26 (search for similar items in EconPapers)
Date: 2016-08
New Economics Papers: this item is included in nep-law and nep-mac
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Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:pra:mprapa:73377

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