Sri Lanka’s Contractual Innovations - Business Law Review View Sri Lanka’s Contractual Innovations by - Business Law Review Sri Lanka’s Contractual Innovations 46 4

Following its 2022 default, Sri Lanka achieved a landmark debt restructuring in 2024, exchanging USD 12.55 billion in bonds with 98% creditor participation. This paper examines the groundbreaking contractual innovations that enabled this success.

The restructuring introduced two pioneering State Contingent Debt Instruments (SCDI): Macro-Linked Bonds tied to GDP performance, and Governance-Linked Bonds (GLBs). Unlike traditional instruments, these embed contingency mechanisms directly within bond structures, allowing upside and downside adjustments based on economic and governance performance.

A key innovation lies in GLBs’ comprehensive information disclosure covenants, mandating regular debt reports, economic reviews, and investor calls. These transparency requirements create enforceable governance mechanisms while aligning incentives between issuer and bondholders – successful achievement of targets reduces borrowing costs and improves secondary market valuations.

Sri Lanka’s approach addresses longstanding transparency and governance challenges in sovereign debt markets while providing a replicable framework for future restructurings. The exchange’s success, demonstrates how innovative contractual design can restore debt sustainability while promoting governance improvements.

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