In his Settlement and Compromise column, Thomas E.L. Dewey discusses 'Attestor Value Master Fund v. Republic of Argentina'—a case that “reconfirms the significance of language in settlement documents that suggests a settlement is not binding until signed by both parties.”
In another entry in the long-running series of cases surrounding the Republic of Argentina’s 2001 default on certain bonds, five bondholders sought to enforce settlement agreements with the Republic even though it was undisputed that the Republic never countersigned those agreements. Attestor Value Master Fund v. Republic of Argentina, 940 F.3d 825 (2d Cir. Oct. 18, 2019). The court found the Republic was not bound, over a sharply worded dissent by Judge Ralph Winter.
This article first appeared in the New York Law Journal on January 24, 2020. Angela L. Harris, an associate of the firm, assisted in the preparation of the article.