header-logo header-logo

15 December 2011 / George Walton
Issue: 7494 / Categories: Features , Constitutional law
printer mail-detail

The great escape?

Is state immunity a “get out of jail” card for sovereign debtors, asks George Walton

The UK Supreme Court gave its landmark decision in July 2011 regarding state immunity in NML Capital Limited (Appellant) v Republic of Argentina (Respondent) [2011] UKSC 31, [2011] All ER (D) 44 (Jul). Unanimously overturning the judgment of the Court of Appeal, the Supreme Court held that Argentina was not entitled to claim state immunity from English proceedings to enforce the judgment of a New York court. The fact that the underlying New York judgment related to bonds issued by a state, in this case Argentina, means that the Supreme Court’s decision is of particular interest and relevance at this time of concern over sovereign debt.

Factual background

In February and July 2000, Argentina conducted a bond issue pursuant to a fiscal agency agreement with Bankers Trust Company (the agreement).

Between June 2001 and September 2003, NML (a Cayman Islands company affiliated to a New York hedge fund) purchased a number of the bonds at a significant discount

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Some employment law controversies never disappear—they merely lie dormant
back-to-top-scroll