Sebastian Maril Tweet - 27 Sep 2128 Sep 2021 10:00
TRIAL FOR THE EXPROPRIATION OF YPF.
1. After 6 years of litigation, on Friday, the Government and YPF presented a report to the court on Argentine laws and how they should be applied during the trial that begins in May 2022.
2. The day before this presentation, Argentina, YPF and Burford Capital agreed that the report, for now, be confidential.
3. On 29 / Oct., Burford will present his report exclusively responding to the arguments of the report presented by Argentina and YPF.
4. Unfortunately, Burford's response will also be kept confidential.
5. It is worth remembering that Judge Preska in May 2020 ruled in favour of Burford and ordered that the trial be held in NY, but considering Argentine law (forum non conveniens).
6. Argentina and YPF are obliged to reverse Burford's report before 22 / Nov.
7. The case gets interesting from this date on.
8. On December 7 there will be a hearing with the judge and a month later, Burford will ask for a "Summary Judgment."
9. In the Summary Judgment (SM), Burford will put all the cards on the table, including material on the privatization and subsequent nationalization of YPF.
10. The SM asks the Judge to rule in favour of one of the parties without going to a full trial.
11. On March 3, Arg / YPF must respond to the SM requested by Burford and on March 31, Burford must reply to Arg and YPF.
12. Between Mar / 22 and May / 22, Judge Preska must decide whether to end the case (final ruling after 7 years) or to start the oral trial.
13. Opinion: The responsible way to end this lawsuit is an out-of-court settlement. If both parties bet on waiting for a ruling from the Judge, whoever loses will lose a lot. They both know that the money damage of the loser is important.
14. Burford would lose a lot of capitalization value as his shareholders and the market know the importance of this judgment for the London company. You only need to read your balances to confirm it.
15. And Argentina (the taxpayers), if we lose, we will have to pay more than USD 3,500 M on the USD 5,000 M that we already paid to Repsol.
16. For this reason, at the hearing on Dec / 21, it will be the first opportunity to start negotiating an agreement.
AND LASTLY ...... A BIG THANKS TO SM FOR POSTING THIS INFORMATION.