An Example of the Intricacies of Breaking New Ground in Claiming Against Sovereigns, and Collecting

There are many things happening in the world of lawsuits against sovereigns, and the top of the list includes claims and collections against Argentina on its many years of failure to pay some bondholders. The point of this post is not to reinvent the existing commentary. The point instead is to spread the wry thought that flashed across my mind when reading an Opinio Juris post about Argentina threatening to sue Ghana over Ghana aiding anti-sovereign debt collection efforts by holding an Argentine warship which docked in Ghana.

The wry thought? Some day asbestos plaintiff’s lawyers may seek to impound Russian or Chinese ships in order to collect on mesothelioma claims arising from Chinese and Russian asbestos mines owned or controlled by sovereign entities. Product liability suits against some sovereigns likely will be a part of mass tort litigation, due either to direct ownership/control of mines, or "aiding and abetting claim" of the sort already being filed against some sovereigns regarding financial frauds.


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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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