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Mass Claims Arbitration as a Supplemental Leverage over Holdouts
from Part II - Regulation through Treaty and Arbitration
Published online by Cambridge University Press: 15 September 2022
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.
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