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Argentina asks US appellate court to reverse $16.1 billion YPF judgement

On Wednesday, a U.S. court of appeals will decide whether Argentina has to pay $16.1 billion in compensation to investors who took control of the state-owned oil firm YPF over ten years ago.

The 2nd U.S. The 2nd U.S.

Burford Capital funded much of this litigation, and the investors could be rewarded with billions of dollars in the event that they prevail. Argentina would appeal a defeat to the U.S. Supreme Court.

The midterm elections were a crucial event for Argentina and President Javier Milei. His party was able to win a decisive victory.

Argentina warned that a large judgment could cripple the economy. It has been burdened by debt for years and is experiencing triple-digit inflation.

Milei is a libertarian who believes in free markets. Since becoming president in 2023, Milei has cut public spending, reduced unemployment, and brought monthly inflation down to 2.1%. He also gave Argentina its first surplus budget in 14 years.

Donald Trump, the U.S. president, has offered Milei an estimated $40 billion bailout. This includes a currency swap of $20 billion and a debt investment facility of $20 billion.

YPF SHAREHOLDERS CHALLENGE 2012 EXPROPRIATION

The appeal relates to Argentina's decision in 2012 to expropriate 51 percent of YPF shares from Spain Repsol, for a total value of $5 billion. This was done without making a formal tender offer to minority investors Petersen Energia Inversora or Eton Park Capital Management.

Cristina Fernandez de Kirchner, the Argentine president at that time, said YPF should be renationalized, as it had failed to produce enough gas and oil to meet local demand.

Petersen, Eton Park and YPF, the second and third largest investors respectively, claimed Argentina's actions had caused them billions in damages.

Preska determined that Argentina had breached their obligations and ordered it to pay $14.39 Billion to Petersen, and $1.71 Billion to Eton Park. These sums represented $8.43 billion in damages plus $7.67 million of prejudgment interests at 8%.

Argentina argued in its appeal that the case did not belong before a U.S. Court, that it had not waived its sovereign immunity, and that the damages awarded were grossly exaggerated, at $16.1 billion, which represented 45% of the country's budget for 2024.

Argentina said that Preska had misapplied Argentine laws and that the principles of international comity or respect accorded to countries by limiting their laws' reach justified a dismissal.

Petersen & Eton Park countered Argentina's flagrant contract breach could be addressed by the United States and accused Argentina for years of delaying the consequences.

ARGENTINA APPEALS YPF TURNOVER ORDERS SEPARATEDLY

In complex cases, the appeals court usually takes a minimum of a few weeks to make a decision.

Argentina also appeals Preska's order of June 30, that Argentina turn over the YPF share to partially satisfy the $16.1 Billion judgment.

The 2nd Circuit halted this order in August to allow Argentina to file an appeal.

The U.S. Government has not taken any position on Wednesday's appeal.

It opposes requiring Argentina's YPF shares to be turned over, claiming that it would interfere with its foreign policy and expose other countries to the same treatment.

Petersen Energia Inversora SAU et al v Argentina are the cases. Circuit Court of Appeals Nos. 23-7376,23-7463, and 23-7614. Reporting by Jonathan Stempel, New York; editing by Lincoln Feast.

(source: Reuters)