Clauses & Controversies
Clauses & Controversies
Mitu Gulati & Mark Weidemaier
Ep 158 - Some Questions, Now That it's About 3 Years Since Russia’s Default
48 minutes Posted May 28, 2025 at 2:18 pm.
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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