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Investors suggest alternatives to YPF in dispute between US and Argentina

Investors suggest alternatives to YPF in dispute between US and Argentina

The U.S. Government sided with Argentina in its effort to temporarily suspend a court order requiring it to turn over its 51 percent stake in the oil and gas company YPF as part of a $16.1-billion judgment won by two investors. In a late-night filing, the U.S. government informed the 2nd U.S. The 2nd U.S. Circuit Court of Appeals stated that it is in the public's interest to resolve the dispute on its merits "free of the rushed compulsion of a non-stayed turnover order, and any negative impact on U.S. Foreign Relations with Argentina." Petersen Energia Inversora, Eton Park Capital Management and other investors urged the Manhattan appeals court, to reject a stay on U.S. district judge Loretta Preska’s June 30, 2013 turnover order, while Argentina appeals.

The appeal was likely to fail and Argentina's "strategy" of delaying and obstructing the collection of the $16.1 billion judgement, against which it is also appealing, justifies the turn-over.

Investors said that if the court of appeals is not inclined to simply deny the stay, then it should return the matter to Preska so Argentina can propose alternative collaterals or set conditions in order to avoid "irreversible results" during the appeal.

The investors' attorneys said that "Plaintiffs do not want to have their shares rendered unrecoverable if Argentina wins on appeal and they are not interested in running an oil firm." They would therefore accept reasonable conditions so the transfer of the shares can be unwound easily if needed.

Outside of business hours, Argentina's representatives had no comment to make.

Argentina said that it would suffer irreparable damage and its economy might be destabilized if they gave up their stake in YPF - the country's biggest energy company.

You have until the 22nd of July to reply to the Investor's filing.

Burford Capital, a litigation funding company, represents Petersen and Eton Park. Burford Capital has stated that it expects to receive between 35% and 73% respectively of the damages.

The lawsuit arose out of Argentina's decision in 2012 to take the YPF stake away from Spain's Repsol, without making a bid to minorities shareholders.

Preska will award the $16.1 billion verdict in September 2023. The U.S. Government expressed its position through a proposed friend of the court brief. This echoed a position that it took in November last year during the Biden Administration. Petersen, Eton Park and the U.S. government were said to be against its motion for filing a brief. Reporting by Jonathan Stempel, New York; editing by Raju Gopikrishnan

(source: Reuters)