Financial lawyer: Yugoslav debt litigation

At the heart of the current dispute over ex-Yugoslav debt is an old legal chestnut: joint and several liability. The litigation is as confusing as the civil war, but at least it is being fought in the courts. By Christopher Stoakes

At the end of March the National Bank of Yugoslavia (NBY) issued a writ against the Republic of Slovenia, Banka Slovenije (the Republic of Slovenia’s central bank), various other Slovenian banks and almost 400 commercial banks around the world. The NBY is the central bank of the Federal Republic of Yugoslavia (FRY), i.e. Serbia and Montenegro. Its fellow plaintiffs are FRY commercial banks: Beograndska Banka, Montenegrobanka, Jugobanka and Vojrodjanske. Various aspects make this action appear confusing: the mix of central and commercial banks as plaintiffs and defendants; the apparent involvement of questions of state succession now that the Socialist Republic of Yugoslavia (SRY, former Yugoslavia) no longer exists; and the role of the NBY as paying agent under that agreement.

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