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NML Capital, Ltd. v. Republic of Argentina

United States Court of Appeals for the Second Circuit

699 F.3d 246 (2012)

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Argentina (defendant) issued bonds containing an equal-treatment clause guaranteeing equal payment priority with its other unsecured debt, then defaulted and offered bondholders an exchange into restructured bonds, stating the original defaulted bonds might remain permanently unpaid. After 91 percent of bondholders exchanged, Argentina resumed paying only the restructured bonds; the remaining original bondholders (plaintiffs, including NML Capital) sued, and the district court enjoined Argentina to make equal payments on the original bonds, prompting Argentina's appeal arguing the injunction violated its sovereign immunity.

IssueFree

Whether an injunction ordering a foreign government to make specific payments on its bonds violates the Foreign Sovereign Immunities Act's protection of foreign state property from attachment.

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