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2nd U.S. Circuit Court Pauses YPF Share Transfer Order, Setting Tight Deadlines

The pause extends until July 17 to allow review of Argentina’s sovereign immunity appeal before potential contempt proceedings.

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Petrol prices are seen on a billboard at a YPF gas station, as Argentina is battling with an annual inflation heading towards 200%, in Buenos Aires, Argentina December 29, 2023. REUTERS/Martin Cossarini/File Photo

Overview

  • The appeals court imposed a temporary stay of Judge Loretta Preska’s order to transfer Argentina’s 51% YPF stake through July 17.
  • Plaintiffs must file their opposition by July 17 and Argentina must submit its reply by July 22 under the expedited schedule.
  • Argentina argues that seizing its YPF shares violates the U.S. Foreign Sovereign Immunities Act and domestic law requiring congressional authorization.
  • The $16.1 billion judgment against Argentina accrues interest at about $2 million per day, and litigation funder Burford Capital could collect up to 75% of any payout.
  • Retaining control of YPF is pivotal to Argentina’s development of the Vaca Muerta shale basin and its strategy to bolster foreign-currency reserves.