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Argentina Appeals US Order to Transfer 51% of YPF Shares

Without waiting for Judge Loretta Preska to decide on a stay, the government has taken its appeal to the Second Circuit.

El Gobierno apela el fallo de la jueza Loretta Preska
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Overview

  • On July 10, Argentina filed an appeal in the Second Circuit against Preska’s June 30 order to hand over its 51% YPF stake, preempting her ruling on a stay of execution.
  • Judge Loretta Preska has called an urgent July 15 hearing to settle creditor requests for “alter ego” information on Aerolíneas Argentinas, ARSAT, ENARSA and the Central Bank.
  • Argentine lawyers argue that enforcing the transfer would breach domestic law requiring congressional approval and would inflict irreversible harm on national sovereignty.
  • With a July 14 deadline looming for a stay, the government is preparing to petition the US Supreme Court to avert contempt if the Second Circuit does not suspend the turnover order.
  • The US$16.1 billion award stems from Burford Capital and Eton Park’s suit over the 2012 expropriation, highlighting clashes between US court judgments and Argentine legal constraints.