RE: Maril on twitter19 Jan 2023 12:05
OK, excuse me for possibly being stupid but my understanding was that the "losers" would have to post surety for the total amount of the award they want to appeal.
In the normal course of events, if the entity having to post the surety didn't have that amount of money or realisable assets that they could deposit with the court then they would go to a third party who would post on their behalf, normally for a fee.
But given the history of Argentina reneging on it's debts, what third party is going to take the risk? Or, what safe realisable assets could Argentina deposit with the court?
Say, the award is £5B, is Argentina going to pay that to the court and then run the risk of incurring additional costs should they lose the appeal.
Or maybe BUR would deposit that with the court on behalf of Argentina in exchange for a £1B fee payable now. That would be a win win for BUR (OK, I'm only joking about this last paragrah).