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

Australian stocks will crush housing over the next decade, 2025 edition

Two years ago, I wrote an article suggesting that the odds favoured ASX shares easily outperforming residential property over the next decade. Here’s an update on where things stand today.

Australia's retirement system works brilliantly for some - but not all

The superannuation system has succeeded brilliantly at what it was designed to do: accumulate wealth during working lives. The next challenge is meeting members’ diverse needs in retirement. 

Get set for a bumpy 2026

At this time last year, I forecast that 2025 would likely be a positive year given strong economic prospects and disinflation. The outlook for this year is less clear cut and here is what investors should do.

Meg on SMSFs: First glimpse of revised Division 296 tax

Treasury has released draft legislation for a new version of the controversial $3 million super tax. It's a significant improvement on the original proposal but there are some stings in the tail.

The 3 biggest residential property myths

I am a professional real estate investor who hears a lot of opinions rather than facts from so-called experts on the topic of property. Here are the largest myths when it comes to Australia’s biggest asset class.

Property versus shares - a practical guide for investors

I’ve been comparing property and shares for decades and while both have their place, the differences are stark. When tax, costs, and liquidity are weighed, property looks less compelling than its reputation suggests.

Latest Updates

Investment strategies

Building a lazy ETF portfolio in 2026

What are the best ways to build a simple portfolio from scratch? I’ve addressed this issue before but think it’s worth revisiting given markets and the world have since changed, throwing up new challenges and things to consider.

Investment strategies

21 reasons we’re nearing the end of a secular bull market

Nearly all the indicators an investor would look for suggest that this secular bull market is approaching its end. My models forecast that the US is set for 0% annual returns over the next decade.

Property

13 million spare bedrooms: Rethinking Australia’s housing shortfall

We don’t have a housing shortage; we have housing misallocation. This explores why so many bedrooms go unused, what’s been tried before, and five things to unlock housing capacity – no new building required.

Investment strategies

Market entry – dip your toe or jump in all at once?

Lump sum investing usually wins, but it can hurt if markets fall. Using 50 years of Australian data, we reveal when staging your entry protects you, and when it drags on returns. 

Investment strategies

The US$21 trillion question: is AI an opportunity or excess?

It has been years since the US stock market has been so focused on a single driving theme, and AI is unquestionably that theme. This explores what it means for US and global markets in 2026.

Economy

US energy strategy holds lessons for Australia

The US has elevated energy to a national security priority, tying cheap, reliable power to economic strength, AI leadership, and sovereignty. This analyses the new framework and its implications for Australia.

Strategy

Venezuela’s democratic roots are deeper than Trump knows

Most people know Maduro was a dictator and Venezuela has oil. Few grasp the depth of suffering or the country’s democratic history - essential context as the US ousts Maduro and charts Venezuela’s future. 

Sponsors

Alliances

© 2026 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.