The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Fri, 17 Jul 2026 11:32:25 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Don’t Cry for Me Argentine Bondholders: Avoiding Supreme (Court) Confusion – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Don’t Cry for Me Argentine Bondholders: Avoiding Supreme (Court) Confusion https://corpgov.law.harvard.edu/2013/10/09/dont-cry-for-me-argentine-bondholders-avoiding-supreme-court-confusion/?utm_source=rss&utm_medium=rss&utm_campaign=dont-cry-for-me-argentine-bondholders-avoiding-supreme-court-confusion https://corpgov.law.harvard.edu/2013/10/09/dont-cry-for-me-argentine-bondholders-avoiding-supreme-court-confusion/#comments Wed, 09 Oct 2013 13:38:55 +0000 http://blogs.law.harvard.edu/corpgov/?p=53707?d=20150106124915EST Posted by Noam Noked, co-editor, HLS Forum on Corporate Governance and Financial Regulation, on Wednesday, October 9, 2013
Editor's Note:

The following post comes to us from Antonia E. Stolper, partner in the Capital Markets-Americas group at Shearman & Sterling LLP, and is based on a Shearman & Sterling client publication by Ms. Stolper, Henry Weisburg, Stephen J. Marzen, and Patrick Clancy.

Argentina is in hot pursuit of multiple audiences before the Supreme Court: two petitions for writs of certiorari filed by Argentina are pending in the NML v. Argentina cases, and another is almost certainly on the way. In addition, a writ of certiorari has already been issued in another case against Argentina. With so much action involving Argentina in the high court, there is the potential for confusion between these multiple proceedings, which we clarify in this post.

NML Capital, Ltd. v. Argentina (Supreme Court Docket No. 12-1494): Review of the Second Circuit’s October 26, 2012 Decision (Pari Passu)

On June 24, 2013, Argentina filed a certiorari petition with respect to the Second Circuit’s October 26, 2012 decision, in which the Second Court affirmed Judge Griesa’s interpretation of the pari passu clause, his determination that the plaintiffs were entitled to a “Ratable Payment,” and his conclusion that the Injunction did not violate the Foreign Sovereign Immunities Act (“FSIA”). However, the Court remanded the case to Judge Griesa to address certain issues relating to the operation of its Injunction.

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