Argentina is once again seeking to restructure its external debt. To facilitate this process, the country is proposing to use the state-of-the-art collective action clause that was included in the bonds Argentina started issuing in the Spring of 2016. When it uncloaked its restructuring offer to creditors in April of this year, however, Argentina sought the consent of bondholders to amend those clauses in ways that have sparked an outcry from certain of those holders. At stake in this controversy is the question of which version of a collective action clause will be incorporated in future bonds issued by sovereign borrowers.
Citation
Lee C. Buchheit & G. Mitu Gulati, The Argentine Collective Action Clause Controversy , 15 Capital Markets Law Journal, 464–473 (2020).