Sovereign Debt Litigation

One Hundred and Twenty-Fifth Sovereign Debt News Update: The Republic of Mozambique v Credit Suisse International and others [2024]: The Responsibilities of Advisory Banks in Sovereign Debt Procurement Under English Law

Between 2013 and 2016, three Mozambican government-controlled enterprises discreetly borrowed $2 billion from major international banks to buy a tuna-fishing fleet and surveillance vessels. Mozambique’s then finance minister, Manuel Chang, signed guarantees that the government would repay the loans, which were critical reassurance to lenders who would otherwise have avoided the brand-new enterprises. The companies defaulted on the loans, leaving Mozambique with a $2 billion debt, about 12% of the nation’s gross domestic product at the time. A country that the World Bank had designated one of the world’s 10 fastest-growing economies for two decades was abruptly plunged into financial upheaval. The scandal was only uncovered in 2016 after Mozambique defaulted on these hidden debts, prompting the International Monetary Fund and international donors to halt funding and plunging the country into an economic crisis. The case of the Republic of Mozambique v. Credit Suisse International and others [2024] dated July 29, 2024 and heard in the High Court of England and Wales (Commercial Court) has reinvigorated the prospect of pursuing justice in foreign courts, especially in cases involving complex international financial misconduct and irresponsible lending practices.