US Court Extends Stay order in ISB case between HRB and Sri Lanka

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By: Staff Writer

December 30, Colombo (LNW): The United States District Court for the Southern District of New York has extended the stay of litigation between Hamilton Reserve Bank (HRB) and Sri Lanka case on seeking damages for alleged non-payment of bonds, for the fourth time, postponing proceedings until January 15, 2025.

 District Judge Denise Cote’s decision underscores the complexities surrounding Sri Lanka’s sovereign debt crisis, balancing legal, economic, and diplomatic considerations.

Sri Lanka’s financial struggles stem from a sovereign default in May 2022, prompting the nation to seek a $2.9 billion Extended Fund Facility (EFF) from the International Monetary Fund (IMF). Approved in March 2023, the EFF required substantial economic reforms and negotiations with creditors.

 Key milestones in 2024 included agreements with the Official Creditor Committee (OCC) in June, the Export-Import Bank of China, and private commercial creditors in September. By December 12, Sri Lanka launched a debt exchange program, with over 95% of bondholders participating, excluding HRB.

HRB, holding over $240 million in Sri Lanka’s sovereign bonds, filed its lawsuit in June 2022, seeking full payment of principal and accrued interest. Unlike other creditors, HRB has declined to participate in restructuring negotiations, arguing that its claims remain unaffected by the broader process.

 While HRB acknowledged Sri Lanka’s restructuring progress, it opposed further delays in litigation. Judge Cote’s decision to extend the stay aligns with efforts to finalize restructuring, allowing the government to implement debt exchange outcomes.

The court’s decision reflects a strategic balance between creditor rights and Sri Lanka’s recovery efforts. Judge Cote noted that HRB’s claims would not be materially prejudiced by the delay, as any judgment would include pre-judgment interest. A premature resumption of litigation could disrupt recovery efforts and deter other creditors from cooperation.

Analysts expect Sri Lanka to submit a restructuring status report by January 6, 2025, with the debt exchange settlement anticipated by January 15. Successful completion is critical for stabilizing public finances, creating fiscal space, and rebuilding international confidence. However, allegations of inefficiency and corruption within the government cast doubt on its ability to deliver sustainable reforms.

Globally, this case sets an important precedent for managing sovereign debt disputes. The court’s emphasis on systemic stability over individual creditor claims underscores the interconnectedness of legal judgments and economic recovery. Policymakers may view this as a model for collaborative approaches to debt crises, balancing creditor rights with broader recovery goals.

As Sri Lanka nears the end of its restructuring journey, the outcome of this case will shape international debt resolution frameworks. For HRB and other stakeholders, January 2025 will mark a turning point, offering insights into managing sovereign defaults in a complex global economy.

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