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US Judge delays the transfer of Argentina's 51% YPF stake in order to allow an appeal

A U.S. Judge on Monday temporarily halted the enforcement of her order requiring Argentina's 51% stake in the oil and gas company YPF as partial satisfaction of a $16.1 Billion court judgment.

The U.S. District judge Loretta Preska, while criticizing Argentina's actions and extending the deadline for the completion of the turn-over by three days until July 17, has pushed back Monday's deadline.

She stated that the delay was only to allow Argentina to file a complaint with the 2nd U.S. Circuit Court of Appeals of Manhattan. Argentina filed an

Emergency appeal

On July 10, the court heard a case.

Preska refused to extend the stay. She stated that Argentina "continues its delay and circumvention of its obligations" in relation to the $16.1 billion judgement, citing legislation to prevent the YPF turn over.

The Manhattan-based Manhattan judge wrote: "The Republic has abused court accommodations and will not receive additional ones."

Requests for comment from an attorney and Argentina's representatives were not immediately responded to.

The three-day extension is a temporary relief to the cash-strapped nation, which warned that its economy would be unstable if forced to sell the YPF stake.

Argentine president Javier Milei is trying to boost foreign currency reserves, rein in inflation and deal with a heavy debt burden.

The dispute arose after Argentina decided in 2012 to take the YPF stake away from Spain's Repsol, without making a bid to minority shareholders Petersen Energia Inversora or Eton Park Capital Management.

Burford Capital is representing these shareholders. Burford Capital has stated that it expects to receive between 35% and 73% respectively of Petersen and Eton Park’s damages.

Burford's U.S. lawyer and Burford did not respond immediately to requests for comments on the Monday order.

Preska has ordered Argentina to pay $1.71 billion and $14.39 billion in September 2023 to Petersen.

Argentina appeals this judgment.

The U.S. Foreign Sovereign immunity Act protects the YPF shares from being sold.

In an emergency appeal, Argentina stated that a YPF turn-over would irreparably damage its sovereignty, violate the international law, and expand U.S. court's power in a wrong way.

It said that it would also be unfair to give its controlling stake in country's biggest energy company up now because it would probably be irrevocable, even if they won the case.

Burford claimed that Argentina's years of evasion, combined with a commercial immunity exception, was the reason for YPF's turnover. (Reporting and editing by William Mallard, Richard Chang, and Jonathan Stempel from New York)

(source: Reuters)