Category Archives: Latin America

No country for compensation

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BolivaresHere is my latest column for IBA Global Insight:

Gripped by high inflation, chronic shortages and an ever-widening fiscal deficit, Venezuela a year ago was not a pretty picture. But after 12 months that have seen further unrest, currency devaluations, a dramatic slump in oil prices and a bitter stand-off between the government and international airlines, turmoil has taken on a whole new meaning in Venezuela.

‘The economic situation in Venezuela has worsened considerably since measures have not been taken to resolve the main problems affecting the country,’ says former IBA President Fernando Peláez-Pier, a partner at Hoet Peláez Castillo & Duque in Caracas.

Despite indications that Nicolás Maduro’s government was taking action to combat the crisis, ongoing shortages of basic food, medical supplies and foreign currency – not to mention the estimated $12bn a year the government is spending to subsidise domestic gasoline sales –  have pushed the economy to breaking point.

Published on 04-12-14. Read on here

Argentina’s debt tango

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Beatrice MurchHere is my latest column for IBA Global Insight:

The threat of default has loomed large again for Argentina in recent months. It went right down to the wire on 30 July when it became clear that a deal wasn’t going to be reached. For the eighth time in its history the country slipped grudgingly into default, making it one of the world’s most recidivist sovereign defaulters.

First, some context: The payment problems this time stem from Argentina’s mega-default in late 2001 when the country defaulted on $95bn in government bonds. Holders of around 92 per cent of those bonds accepted restructurings worth about $0.30 on the dollar, but the remaining bondholders – a group of US-based hedge funds led by billionaire Paul Singer’s Elliott Management – refused to accept the restructuring, demanded payment in full for old bonds that weren’t exchanged and sued for full payment.

A decade-long legal battle ensued and in July President Cristina Fernández de Kirchner’s government refused to abide by the decisions of the US courts and pay the holdouts, effectively locking Argentina out of the global capital markets altogether. Thus it was with good reason that tensions were high on 30 July as the culmination of the lengthy dispute saw US District Court Judge Thomas Griesa side with the hedge funds and duly freeze a $539m interest payment from Argentina, ordering the country not to make any payments on new bonds before it paid for its previous payments, plus interest.

Published on 06-10-14. Read on here

Better together? Ukraine and Russia’s contrasting trade alliances

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Ukraine Photo Ivan BanduraHere is my latest column for IBA Global Insight:

After months that have seen widespread demonstrations, bloodshed, Russia’s annexation of Crimea, snap elections and ongoing turmoil in Ukraine, it is easy to forget that it was the decision by former President Viktor Yanukovych to pull out of a much-anticipated trade pact with the European Union that sparked the protests in the first place.

Wind on nine months and the EU has signed an association agreement with Ukraine, Georgia and Moldova. Russia has also forged ahead with expanding its own trade relationships and signed the Eurasian Economic Union (EaEU) with Belarus and Kazakhstan. As the fallout from the tragic downing of flight MH17 over Ukraine on 17 July continues and relations across the EU and beyond become increasingly strained, the question remains: is it always better, together?

Lourdes Catrain, Vice-Chair of the IBA International Trade and Customs Law Committee and director of Hogan Lovells’ European international trade and investment group, believes the June association agreement signed between the EU and Ukraine is a significant step for European trade relations. ‘It’s important to remember that it was the proposed Ukrainian association agreement with the EU that triggered the Russia-Ukraine crisis, and which shows that Ukraine has made a strong bet for the EU,’ she says.

‘The association agreement with the EU shows that at least, a very large part of the population in Ukraine is prepared to follow the EU. Given the size of Ukraine that’s an important message. [Although] Georgia and Moldova have much smaller economies, it’s significant that the three of them have joined what could become a very deep association with the EU.’

Published on 04-08-14. Read on here

Crises highlight energy dependency concerns

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Natural gas pipeline Photo Harald HoyerHere is my latest column published in IBA Global Insight:

The current turmoil in Ukraine continues to dominate the headlines in Europe, but the ripple effect has been felt much further afield. ‘The crisis in Ukraine has once again shown a close correlation between extreme political volatility and energy markets,’ says Pablo Alliani, Chair of the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law and senior partner at Alliani & Bruzzon Abogados in Argentina. ‘Globalisation has interconnected the energy markets in such a manner that a crisis of this sort in any part of the globe will affect the whole world, regardless of any distance.’

For Alliani, there is cause for concern much closer to home: in Venezuela, where civil unrest and political demonstrations continue. ‘Venezuela’s role as one of the region’s leading oil producers means that a crisis in the country would have regional and international ramifications if the oil flow were disrupted,’ he says.

Although protests have been concentrated in the country’s main cities, far away from key production centres such as the Orinoco Belt, Lake Maracaibo and Monagas, the disorder threatens to destabilise the global energy market further. ‘In this respect,’ Alliani adds, ‘even if the oil industry remained insulated, prolonged unrest could severely affect Venezuela’s economy, with major consequences for its key trading partners.’

Published on 06-06-14. Read on here

Venezuela: protests heighten concern over rule of law

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Venezuela_protests_against_the_Nicolas_Maduro_government,_Maracaibo_03Here is my latest piece published on the IBA Global Insight newsfeed:

As the situation in Ukraine grows increasingly complex by the day and draws the world’s attention, thousands of miles away on the other side of the Atlantic,Venezuela endures the worst protests it has seen in more than a decade.

What started as a mere isolated, student-led protest in early February has evolved into a widespread demonstration of discontent, highlighting the government’s failure to provide adequate security measures, basic food supplies and its mishandling of the country’s finances. The protests have drawn comparisons with the unrest that ravaged the country in 2002 and are the most serious challenge yet to the government of Nicolás Maduro, who was elected president in April last year following the death of Hugo Chávez of cancer, after 14 years in office.

Although similar to earlier demonstrations, former IBA President Fernando Peláez-Pier, a partner at Hoet Peláez Castillo & Duque in Caracas, says the scale of these protests has taken the country and the government by surprise. ‘We have not seen governmental repression quite like this in recent years: based on different reports, in 17 days of protests there have been 18 deaths and 1,044 arrests,’ he says.

Published on 05-03-14. Read on here