Clauses & Controversies cover image

Clauses & Controversies

Ep 145 ft. Mitu & Mark

Oct 7, 2024
Explore the fierce rivalry in sovereign debt law between England and New York, where lawyers trade barbs over jurisdiction. Discover how issuers are now able to switch governing laws midstream in response to questionable New York legislation. Delve into the complexities of sovereign bond restructuring with fascinating insights on Suriname and Sri Lanka, and unpack the implications of innovative restructuring models. With humor and sharp commentary, the hosts tackle the evolving landscape of contract law and investor rights.
30:37

Podcast summary created with Snipd AI

Quick takeaways

  • The competition for governing law in sovereign debt deals highlights a shift away from traditional New York law towards more favorable jurisdictions.
  • Recent contractual innovations, like investor-controlled law changes, reveal significant risks and strategic developments in sovereign debt negotiations.

Deep dives

Confusion Over Choice of Law Clauses

The discussion revolves around the rising concerns regarding choice of law clauses in sovereign debt deals, particularly as investors contemplate moving away from New York law. Investors have shown mixed reactions to these developments, with some seeing them as beneficial options while others view them as problematic due to potential public policy violations. The hosts express both confusion and interest in the theoretical aspects of choosing jurisdiction, highlighting a market reaction against perceived unwise legislative decisions in New York. This legislative environment has led to bond deals where jurisdictions such as California, Texas, and Delaware may soon be favored, leading to possible competitive advantages for investors.

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