Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 82

Hedge funds seizing ships – what next?

Sometimes truth is stranger than fiction, and my many years involved in the hedge fund industry vouch for this. Indeed some of my university students think I am inventing the stories I tell them in class, but I promise them I am not that creative. Here is one of my favourites.

This story details the battle between an activist hedge fund, Elliott Associates, and the Argentinean government, regarding some sovereign debt it defaulted on in 2002.

Purchase of distressed debt

Elliott Associates is a large and well-known hedge fund which has been operating since 1977. Today it manages over US$20 billion in assets. The fund runs a multi-strategy approach where money is allocated to many different investment strategies, including an emerging market distressed sovereign debt strategy. The strategy purchases the sovereign debt of nations in financial distress at a low (distressed) price in anticipation of some sort of recovery. A restructure could take the form of a refinancing of the debt into a new arrangement (for instance longer maturity or reduced coupons), an offer of payout, or indeed a full financial recovery.

Argentina experienced a painful recession in the late 1990s which pushed the government towards running increasingly unsustainable fiscal deficits. By 2001, investor confidence evaporated and yields on Argentinean bonds blew out to 50% above US Treasury yields! No offshore counterparties would lend to the Argentinean government and at the start of 2002 they defaulted on nearly US$100 billion of sovereign debt. At this point Elliott Associates stepped in as a purchaser of bonds trading at distressed prices (rumoured to be 6 cents in the dollar).

Argentina attempted to restructure its sovereign debt by offering defaulted creditors a new bond that included a 70% haircut (effectively investors would receive $30 principal at maturity instead of $100). In two offers made in 2005 and 2010, the government managed to get at least 92% of bondholders on board. Elliott Associates resisted and ran a campaign along multiple avenues to seek a higher payout.

Legal actions

The paths of action have included court challenges, offers to negotiate, possession of security, and emotive use of media. The case is still ongoing – yes that is correct: Elliott Associates and Argentina have been at legal loggerheads now for 12 years.

From a legal perspective Elliott Associates, through its subsidiary NML Capital Ltd (I will continue with Elliott Associates so as not to confuse) have won court decisions in their favour. Argentina appealed through all levels of the US system but lost. However while rulings have been in favour of Elliott Associates, a key issue is enforceability – there appears limited mechanisms to enforce a foreign sovereign to adhere to a US court ruling.

Argentina’s tactics have been two-fold. First they have attempted to take the case beyond the US courts and into international jurisdiction. This represents unchartered waters as the US is the foreign currency in which the majority of emerging sovereign nations issue their debt (beyond issuing local bonds in their own currency). Second, Argentina argues that it is prevented from offering better terms to a single creditor without opening itself up to similar claims from other creditors who refused the two previous restructuring offers. This could also lead to flow on claims from those that did accept the two restructuring offers. If this were to occur then Argentina argues that they would be forced to default on all their debt and be plunged back into economic recession.

Seize the day!

Events took an amazing turn when in early October 2012 Elliott Associates took the unprecedented step of seizing ARA Libertad, a training ship owned by the Argentine navy. It was docked in Ghana and apparently the ship was accompanied by 200 naval officers. You can imagine the online banter about how a group of ‘nerdy’ hedge fund managers could seize such a vessel.


ARA Libertad (Photo:
Wikimedia Commons)

Elliott Associates is apparently prepared to ‘bail’ the ship back to Argentina at a high price to offset any entitlements. The Argentinean government has made claims of bully tactics, and describes Elliott Associates as ‘vultures’.

There are more questions than lessons to be learnt from this case study. Important market questions include whether this case sows the seeds for foreign issuers to look beyond the US as the currency of sovereign debt denomination, and the possible weakening of the US’s stronghold on financial markets. And structural questions such as, when stretched to its limits by highly intelligent people, can the operations of the world’s financial system handle all the challenges thrown at it? And finally social questions such as is a 12 year battle really an efficient allocation of resources and talent?

 

David Bell is Chief Investment Officer at AUSCOAL Super. He runs the Hedge Funds elective for Macquarie University’s Master of Applied Finance Program.

 

  •   2 October 2014
  • 2
  •      
  •   

RELATED ARTICLES

Less than 1% for 100 years: watch the price risk on long bonds

Fear of missing out trumping fear of loss

Australia’s default: who do you rescue?

banner

Most viewed in recent weeks

The growing debt burden of retiring Australians

More Australians are retiring with larger mortgages and less super. This paper explores how unlocking housing wealth can help ease the nation’s growing retirement cashflow crunch.

Warren Buffett's final lesson

I’ve long seen Buffett as a flawed genius: a great investor though a man with shortcomings. With his final letter to Berkshire shareholders, I reflect on how my views of Buffett have changed and the legacy he leaves.

LICs vs ETFs – which perform best?

With investor sentiment shifting and ETFs surging ahead, we pit Australia’s biggest LICs against their ETF rivals to see which delivers better returns over the short and long term. The results are revealing.

Family trusts: Are they still worth it?

Family trusts remain a core structure for wealth management, but rising ATO scrutiny and complex compliance raise questions about their ongoing value. Are the benefits still worth the administrative burden?

13 ways to save money on your tax - legally

Thoughtful tax planning is a cornerstone of successful investing. This highlights 13 legal ways that you can reduce tax, preserve capital, and enhance long-term wealth across super, property, and shares.

Why it’s time to ditch the retirement journey

Retirement isn’t a clean financial arc. Income shocks, health costs and family pressures hit at random, exposing the limits of age-based planning and the myth of a predictable “retirement journey".

Latest Updates

Weekly Editorial

Welcome to Firstlinks Edition 639

Thank you for the hundreds of responses to our Reader Survey and to maximise the sample size, we’re leaving it open until this Sunday. Here is an overview of the results so far.

  • 27 November 2025
  • 1
Investment strategies

Where to hide in the ‘everything bubble’

It might not be quite an ‘everything bubble’ but there’s froth in many assets, not just US stocks, right now. It might be time to stress test your portfolio and consider assets that could offer you shelter if trouble is coming.

Investment strategies

The ultimate investing hack: dividend growth stocks

Investors often fall prey to ‘amygdala hijacks,’ letting emotion trump reason. By focusing on dividend-growth with stocks instead of volatile prices, you can steady your mindset and let compounding do the work. 

Investment strategies

CBA or global banks?

CBA’s recent pullback highlights single-stock risk. Global banks trade at lower P/Es with rising earnings and dividends, offering investors both income potential and long-term value beyond the local market.

Investment strategies

Global dividends rising, but Australia lags

Global dividend growth surged in the third quarter, with median growth of almost 6%. Australia was a notable exception as dividends fell, thanks to flagging mining company payouts.

Economy

I called inflation's rise and fall and here's what's next

In 2020, I warned that surging US money supply growth would spark inflation. By early 2023, I said US money supply was dropping dramatically and that meant inflation would decline. Here's what happens next.

Superannuation

Are excessive super funds giving Australia “Dutch Disease”?

The irony is profound: a system designed to secure Australians’ futures may be systematically dismantling the economic diversity necessary for long-term prosperity.

Investment strategies

Could your children pass the inheritance ‘stress test’?

You devote years of your life working, saving and investing, striving to build a legacy that will outlive you. Before any wealth moves to the next generation, here are six questions every parent should ask themselves.

Sponsors

Alliances

© 2025 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.