Clauses & Controversies

Ep 158 ft. Mitu & Mark


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Some Questions, Now That it's About 3 Years Since Russia’s Default
It has now been around 3 years since Russia’s invasion of Ukraine, which prompted EU and US sanctions and a default on Russia’s external bonds. The prescription clause in these bonds says that Russia’s obligations become void unless investors make claims within three years of the date payment is due. What does it mean to “make” a “claim”? Filing a lawsuit would do the trick. What about an email requesting payment? An automated message, which the depository sends out every payment date? Should bondholders have sought an agreement tolling the prescription period? Since they didn't, does Russia now have what amounts to an option to pay past due amounts? And what about interest on unpaid amounts? Does Russia owe interest on payments that were impossible to make due to sanctions?
Producer: Leanna Doty
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Clauses & ControversiesBy Mitu Gulati & Mark Weidemaier

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