Latest News

United States sides with Argentina in conflict over $16 billion YPF judgment

The U.S. government sided with Argentina in prompting a federal judge not to require the cashstrapped country to quit its 51% stake in oil and gas company YPF to partially please a $16.1 billion court judgment.

In a Wednesday night letter to U.S. District Judge Loretta Preska in Manhattan, the Department of Justice stated it has long argued that U.S. courts can not order the seizure of foreign sovereign property located outside the United States.

It likewise stated it would break sovereign immunity to need Argentina to turn over the shares to two financiers represented by litigation funder Burford Capital, which permitting such a turnover might hinder U.S. foreign policy.

Argentina is appealing Preska's September 2023 choice to award the $16.1 billion to Petersen Energia Inversora and Eton Park Capital Management. Burford has said it anticipated to get 35% and 73% of their particular damages.

Attorneys for Burford did not right away respond to requests for remark. Robert Giuffra, a legal representative for Argentina, declined to comment.

Led by libertarian President Javier Milei, Argentina has slashed public spending to decrease inflation, which has actually fallen but remains above 200% annualized, though its measures have deepened an economic crisis and added to poverty rates rising above 50%.

However Milei's ties with U.S. President-elect Donald Trump might aid with Argentina's $44 billion loan program with the International Monetary Fund, which could be revisited next year.

The $16.1 billion judgment arose from Argentina's 2012 seizure of the 51% YPF stake held by Spain's Repsol, without tendering for shares held by minority investors.

Burford has stated Argentina's several years of structuring its properties to avoid enforcement warranted turning over the YPF stake, which a business activity exception to the federal Foreign Sovereign Immunities Act permitted a turnover.

In Wednesday's letter, the Justice Department said Congress did not mean when passing that law to get rid of resistance for foreign sovereign property such as the YPF shares.

It said ending immunity would produce an anomaly where a. foreign nation's home inside the United States would have. higher defense than home inside the country itself.

The Justice Department also stated that for factors of comity,. indicating the regard that nations pay for each other by restricting. the reach of their laws, New york city state's own turnover statute. did not require Argentina to quit the YPF shares.

A contrary conclusion might put U.S. residential or commercial property at danger, the. department said, due to the fact that foreign countries might manage the. United States comparable treatment in their own courts.

It is uncertain when Preska will rule.

(source: Reuters)