Contracting for Home Field Advantage

Virtually all international sovereign bonds include provisions designed to make it easier for investors to sue the sovereign after default. Choice of forum clauses, waivers of sovereign immunity, provisions addressing service of process, etc. Russia is a prominent exception where these clauses are absent, and this is one of many factors making it hard for investors to decide how to respond to the country's default. John Coyle (UNC) is one of the foremost experts in how courts interpret choice of forum (and choice of law) clauses. He joins us to talk about investors' rights against Russia and about risks that badly drafted choice of forum clauses can pose for investors. For instance, if the sovereign asks its own courts to declare a loan invalid, can this decision bind investors?

Producer: Leanna Doty