RE: An Experienced Mediator???17 Aug 2022 16:26
Surly in the interest of basic common sense and American law for American listings corporate governance around protection for investors is already established and signed up to before any foreign company list it's shares in America.
America and Argentina have already signed up to investors RE-nationalization protection clauses in those trade agreements they both freely signed, they are plainly there in black and white for all to see.
Whatever Argentine bylaws that exist must only be reasonably reserved for its own country and it's own citizens or investors, Argentina must adhere to other countries listing IPO bylaws if they wish to avail of other capital raising markets, there can be no reasonable questions or doubts around Argentina's failure to comp!y with not to fully compensate all renationalised American shareholders. As we've seen documented when the compensation amounts were discussed in the Argentine Senate , they just verbally behaved with a outrageous cavalier attitude towards American or foreign corporate listing laws, and as usual the chickens have come home to roost here, and at the expense of the poor long suffering Argentine people, how often have they done that, " NUMEROUS TIMES NOW.
and now at the 11th hour so to speak ,the Argentine side have instigated and pushed this Amicus C into judge Preskas hands to slow the case down, or for this to cause this case to go off into another unplanned direction, it may not, though what's really so important about this 100 companies signed AC to do with our case, yes I know the implications ok, though why now, and how could judge Preska allow it to even interfere with her judgement around the central issue of foreign countries re- nationalization without proper and full compensation to innocent investors. The American laws clearly say investors should be compensated here, also America has the signed trade agreement with Argentina that shows that actual signed commitment, so no matter what the Argentine state say about their home internal laws, they don't apply to foreign investors, the American, Argentina trade agreement signed that right away from Argentina. So there can be no defence to not compensate American shareholders here at all.
Judge Preska can only deliver one verdict here ,and that's a comprehensive win for Burford Capital.
GLA DYOR.