A/HRC/33/54
87.
The Advisory Committee recommends to Member States that they:
(a)
Enact legislation aimed at curtailing the predatory activities of vulture
funds within their jurisdiction. Domestic laws should not be limited to HIPCs but
should cover a broader group of countries and apply to commercial creditors that
refuse to negotiate any restructuring of the debt. Claims that are manifestly
disproportionate to the amount initially paid to purchase the sovereign debt should
not be considered. The laws in Belgium and the United Kingdom provide valuable
examples for other States in drafting national laws aimed at limiting the practices of
vulture funds;
(b)
Adopt measures aimed at limiting disruptive litigation by vulture funds
in their jurisdiction. National courts or judges should not give effect to foreign
judgments or conduct enforcement procedures in favour of vulture funds that are
pursuing a disproportionate profit. It is a good practice to limit the value of vulture
funds’ claims to the discounted price originally paid for the bonds;
(c)
Enhance and promote transparency by ensuring that the owners and
shareholders of vulture funds are disclosed and made subject to appropriate taxation.
Transparency on sovereign debt in the secondary market should be particularly
ensured. Courts and other relevant national authorities must have access to all
relevant documents and information on the amounts and the identity of the creditors;
(d)
Ensure that adjudication bodies, including the International Centre for
Settlement of Investment Disputes and the Permanent Court of Arbitration, integrate
in their practices the duty of arbitrators to assess at a preliminary stage the bona fides
of vulture fund claims as well as the standing of the claimant, by requiring the
disclosure of the details of the debt;
(e)
Ensure that the principle of bona fides is adequately reflected in national
legislation and applied by domestic courts in relation to litigation concerning
sovereign debt restructuring processes by providing that abusive creditors do not
enjoy better treatment than those cooperative creditors that are acting in good faith.
22
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