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“…When a country is close to default, contract terms that make it more (or less) likely that holdouts will be able to block a restructuring for the specific bond can provide substantial positive (or negative) value to the holders of that specifc bond. As described earlier, the large and disproportionate recoveries that holdout specialists have obtained via the exercise of contract terms in the recent restructurings of Argentina and Greece are vivid examples of this -something that the broader data bears out (Schumacher, Trebesch & Enderlein 2015& 2018a.…”
Section: Republic Bonds I the Pricing Of Cacs Near Defaultmentioning
confidence: 90%
“…Hence, scholars examining the question of sovereigns' inclinations toward default could put aside the risk of legal enforcement as a consideration (e.g., Aguiar & Amador 2014). This changed in the mid 1970s when the leading jurisdictions issuing sovereign bonds, the US and the UK, passed sovereign immunity laws that allowed sovereigns acting in a commercial capacity to be sued in the same fashion as other commercial actors (Schumacher, Trebesch & Enderlein 2015& 2018a. Today, as the successes of holdout creditors in the restructurings of Argentina…”
Research on the law and economics of contract typically analyzes the explicit pricing of the contract terms in a debt contract by modeling a bilateral debtor-creditor relationship, a framework we call the "classical model." Under this model, contract terms that affect the debtor's repayment obligations are reflected in the price the debtor pays. Much of commercial lending, however, occurs in thick markets with standardized multilateral debt instruments. Depending on the degree to which key contract terms implicate collective decision making among dispersed and anonymous creditors, the classical bilateral model of debt contracting can err in its predictions on the pricing of terms. We utilize Venezuela's 2014-2018 debt crisis as a natural experiment to evaluate the price effects of differences in contract terms in multilateral debt instruments that require collective decision for enforcement. We test the predictions of the classical model against the predictions generated by a "collective action" model and report evidence of the non-pricing of terms consistent with the collective action story. In particular, we provide evidence of a "hidden holdout" strategy that enables the modern activist investor to capture rents without revealing arbitrage activities that enable the market to coordinate on efficient prices for different rights of enforcement.
“…When a country is close to default, contract terms that make it more (or less) likely that holdouts will be able to block a restructuring for the specific bond can provide substantial positive (or negative) value to the holders of that specifc bond. As described earlier, the large and disproportionate recoveries that holdout specialists have obtained via the exercise of contract terms in the recent restructurings of Argentina and Greece are vivid examples of this -something that the broader data bears out (Schumacher, Trebesch & Enderlein 2015& 2018a.…”
Section: Republic Bonds I the Pricing Of Cacs Near Defaultmentioning
confidence: 90%
“…Hence, scholars examining the question of sovereigns' inclinations toward default could put aside the risk of legal enforcement as a consideration (e.g., Aguiar & Amador 2014). This changed in the mid 1970s when the leading jurisdictions issuing sovereign bonds, the US and the UK, passed sovereign immunity laws that allowed sovereigns acting in a commercial capacity to be sued in the same fashion as other commercial actors (Schumacher, Trebesch & Enderlein 2015& 2018a. Today, as the successes of holdout creditors in the restructurings of Argentina…”
Research on the law and economics of contract typically analyzes the explicit pricing of the contract terms in a debt contract by modeling a bilateral debtor-creditor relationship, a framework we call the "classical model." Under this model, contract terms that affect the debtor's repayment obligations are reflected in the price the debtor pays. Much of commercial lending, however, occurs in thick markets with standardized multilateral debt instruments. Depending on the degree to which key contract terms implicate collective decision making among dispersed and anonymous creditors, the classical bilateral model of debt contracting can err in its predictions on the pricing of terms. We utilize Venezuela's 2014-2018 debt crisis as a natural experiment to evaluate the price effects of differences in contract terms in multilateral debt instruments that require collective decision for enforcement. We test the predictions of the classical model against the predictions generated by a "collective action" model and report evidence of the non-pricing of terms consistent with the collective action story. In particular, we provide evidence of a "hidden holdout" strategy that enables the modern activist investor to capture rents without revealing arbitrage activities that enable the market to coordinate on efficient prices for different rights of enforcement.
“…Litigation fails with probability 1 − φ, in which case the holdout creditor receives nothing. Following Schumacher et al (2015), φ can be interpreted as a measure of the strength of creditor rights. Holdouts are costly for the economy and reduce output by the fraction f (µ) ∈ [0, η], where µ is the ratio of holdout creditors to all bondholders.…”
Section: Modelmentioning
confidence: 99%
“…Our work is related to the literature on creditor litigation in sovereign debt, notably Haldane, Penalver, Saporta, and Shin (2005), Engelen and Lambsdorff (2009), Pitchford and Wright (2012), Bai and Zhang (2012), and Schumacher, Trebisch, and Enderlein (2015). But these papers focus on the ex post renegotiation stage rather than the ex ante implications for sovereign borrowing and the design of the bankruptcy framework.…”
Research Question Debates on sovereign debt restructuring typically emphasise a trade-off between ex ante and ex post efficiency. Proponents of bankruptcy procedures highlight the ex post inefficiency posed by costly default, and emphasise the importance of mitigating these via statutory or market-based remedies. Critics of such proposals counter that sovereign debt is feasible and affordable only because of the threat of costly crises. In this paper, we consider the design of an optimal sovereign debt restructuring mechanism where countries choose their bankruptcy provisions depending on their economic circumstances. Contribution We present a model in which a sovereign issues bonds to fund a risky project and chooses bankruptcy provisions (a "haircut") ex ante to maximize domestic consumption. But, sovereign creditors can, ex post, reject the haircut and holdout by pursuing costly litigation in a court. Results The choice of the haircut has two important incentive effects ex post. First, it influences the sovereign's willingness-to-repay. All things being equal, a larger haircut means that the sovereign can more easily restructure its debts. The second effect is on the sovereign creditors' incentives to holdout during the restructuring. In our model, creditors are ex post heterogeneous and have different costs of pursuing litigation. If the haircut is high, then creditors with high litigation costs have a strong incentive to sell their bonds to more litigious creditors, i.e., those with low litigation costs, who holdout and pursue litigation. Our model predicts that countries with weak and risky macroeconomic fundamentals will voluntarily seek lower haircuts (i.e. harsher bankruptcy provisions) ex ante so as to avoid being subject to costly litigation.
“…The same argument applies to sovereign debt or contractual disputes even though they are often initiated by a wider and more dispersed group of claimants. 102 It is inevitable that, in these situations, creditors will look to international courts as a way to bypass the limitations of domestic law.…”
Section: The Need For Increased Legal Protectionmentioning
Kong. The author would like to thank all participants of these events and, in particular, Julien Chaisse, Alex Schwarz, and the anonymous reviewers for their useful comments on the draft. The author is indebted to Leanne Cochrane and J.P. Reimann for their fabulous research assistance.
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