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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