International Arbitration and Greek Sovereign Debt: Poštová Banka v. Hellenic Republic, What If? Investors’ Protection in the Case of the Greek Sovereign Default Under Investment Treaties and Customary Law

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Date

2018-05-25

Authors

Argyropoulou, Venetia

Journal Title

Journal ISSN

Volume Title

Publisher

University of Oregon School of Law

Abstract

This Article explores the reasons that led to the failure of bondholders’ cases against Greece and explores whether there is room for a different result for bondholders before investment tribunals. This Article evaluates and analyses the possible outcome of bondholders’ claims under investment treaty law for breach of standards of treatment (including Most Favored Nation, Fair and Equitable Treatment, Expropriation and Umbrella Clauses) and investigates potential defenses that could be raised by Greece to such claims. Lastly, this Article suggests alternative ways bondholders may obtain reparation, including Credit Default Swaps.

Description

44 pages

Keywords

Debt Restructuring

Citation

19 Or. Rev. Int'l. L. 179 (2018)