DECLARATION OF PROFESSOR ANDREAS F, LOWENFELD aus dem Jahre 2000 im Zusammenhang mit einer Klage von Elliott vs Peru // das führte schliesslich dazu dass Peru ca 59 Mio USD an Elliott bezahlte als dieser Euroclear in Brüssel untersagen liess eine fällige Zinszahlung auf Peru´s Umschuldungsbonds abzuwickeln......

DECLARATION OF PROFESSOR ANDREAS F, LOWENFELD

1. X hare been asked by Messrs. Deehert Price t= Hhoada of Haw
York to give my opinion as to the listing and legal consequence 0£
one Of the provisions in a Guaranty dated as of «ay u, lssa issued
by the Republic ol Peru to lenders in a series o£ “tetter Agreements
» oi the same date. In particular, 1 have been asked to give
«V opinion on the rights and obligations flowing from'Section 11(c)
of said Guaranty, stating that the obligations of the Guarantor
(i.e., tha Republic of Peru) rank at least pari passu in priority


of payment with all other External Indebtedness of the Guarantor
and interest thereon, I have no interest, direct or indirect, in
the outcome of the litigation.

i t
Qualifications ■

2. I am the Herbert and Roee Rubin Professor of International
Law at the New York University School of Law. I have been a
Professor at the Mew York University school of Law since the Fall
of 1967/ and from 1961 until 1S94 1 held the Charles I/, Denison
Chair at New York University School of Law. Prior to becoming a
Professor of Law I. was engaged for four years in this private
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practice of law in the City of New York, and served for more than
five years in the Office of Legal Adviser in the United States
Department of State, holding the position of Deputy Legal Adviser
at the time I left government service. I am' a member of the bar of
the State of New York and the United States Supreme Court., as w6ll
as of the U.S. District -Courts for - the--Southern and Eastern
Disbricts of New York and of the Court of Appeals for the Second
Circuit. I am a graduate of the Harvard College,(M.c.L.) and of
the HarVatd Law School (M.c.L.).
3, My special fields ara International Law, International
Economic Transactions, Conflict of Laws, and International
Litigation, and X have also taught Torts and Civil Procedure, as
well as Aviation Law and Comparative Procedure, I have twice besn
a Lecturer at the Kagus Academy on International Law, and I have
taught as a Visiting Professor in London, Paris, Dublin, Moscow,


Warsaw Sydney. I am a member of the American Law Institute,
the American Sar Association, the Association of the Bar of the
City of New York', and the American Society of International Lawf
and I am a frequent participant in international confercsnces for
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legal scholars and practitioners. In 1SBS 1 was elected one of
eight American members of the Institut de Droit ‘International« and
i have recently served aa a Rapporteur for that institute on the
subject of the obligations of multinational enterprises« In 199 B
I was elected a member off the International Academy of Comparative
Law.