By Tim Fernholz
When bankers and public officials huddle around tables
in Brussels and Athens, trying to figure out how to keep Greece in the euro,
their problems might be compounded by a lawsuit brought by an ornery US
investment fund.
Whether seizing an historic Argentine naval vessel or trying to take the
gold Argentina keeps in the New York Federal Reserve, the efforts of the New
York hedge fund Elliott Associates and its subsidiaries to recoup money
the country owes them are relentless. Thanks to an Oct. 26 decision (pdf) in a federal circuit court, they are
more likely than ever to get paid—and change the way sovereign debt works.
In 2001, Argentina defaulted
on its debt. It eventually went through two restructurings, in 2005 and
2010, to begin paying consenting bond holders between 25 and 29 cents on the
dollar value of its bonds (i.e., a “haircut” of up to 75%). Elliott, earning
the moniker of “vulture fund,” had bought up the country’s debt on the cheap
and did not participate in these restructurings, holding out and suing the
country in US court for the $1.33 billion face value of its bonds.