Beautiful summary in todays paper on the YPF case11 May 2024 10:56
Burford Capital goes for everything. The winning vulture fund in the trial against Argentina for the way in which the country re-estitized YPF in 2012, not only wants embargoes to be enabled on the shares of the oil company in the possession of the national state, but also seeks to take into account the roles that the country owns Aerolíneas Argentinas, ARSAT, the Central Bank of the Argentine Republic (BCRA), the Banco Nación and Enarsa.
The fund filed a letter in the last hours in the Court of First Instance of the Second Section of New York managed by Loretta Preska, so that the actions that the Argentine Republic has in these societies are considered as an "Alter Ego" of the country. And that, consequently, those positions are considered as part of the assets of the Argentine state. And, then, seizable as a guarantee that the country will fulfill the commitment to pay the plaintiff, the US$ 16 billion plus interest than Burford and Eton Park (as a minority) that Preska considered as claims of the two funds that expired in the trial.
The New York judge, who determined that the lawsuit of Burford and Eton is correct and ruled against the country, a decision that the country took to the second instance of the New York Chamber of Appeals; now she must resolve the claim of the two funds that want to guarantee the future collection, seizure assets of Argentina. In March they had presented the alternative of considering the shares of YPF as "Alter Ego" of the country, and now they extend the claim to those other companies in power all or in part of the Argentine state.
Preska also has to resolve another issue raised by Burford Capital and its partner in the lawsuit, Eton Park: the calculation of interest that the country will have to pay for having decided to appeal to the second judicial instance of the United States. According to the judge, in principle the interest accumulated to date would reach 545,084,808 dollars; so the money that should be paid to the plaintiffs who expired in the first instance would exceed US$ 17 billion today.
That is, the United States. Justice usually takes the performance of the 10-year bonds issued by the government of that country during the current year of the application of the lawsuit, so the final calculation would be just over 500 million extra dollars that should be added to the original claim authorized by Judge Loretta Preska.
Burford claims for the alleged damages that the payment to the Spaniards of Repsol caused to the remaining 49% of the shareholders of the oil company, after the nationalization of 2012. The basis of the demand is for the expropriation of most of the shares of the oil company, but on behalf of the Spanish companies Petersen Energía and Petersen Inversora, two companies already bankrupt, opened by the Petersen Group in the days when it was a partner for 25% of YPF and from the fact that former President Néstor Kirchner enabled his income as local partners of the oil com