Seb Maril Latest2 Oct 2025 23:15
🔴This is the first in a series of posts explaining the appeal process in the YPF expropriation case. Today, we will publish four different posts.
On October 29, the U.S. Court of Appeals for the Second Circuit will hear oral arguments from the three parties involved: the Republic of Argentina, YPF, and the judgment creditors—Spanish companies Petersen and U.S. hedge fund Eton Park Capital. The purpose of this series is to outline what we can expect from the proceedings in New York later this month.
This first post explains the role of the Court of Appeals. Its primary function is to review decisions made by lower courts, in this case Judge Loretta Preska’s ruling. The three-judge panel will not conduct a new trial or re-examine evidence from scratch. Instead, they will assess whether the district court correctly applied the law and processes. They do not determine guilt or innocence, nor do they typically hear witnesses or accept new evidence—except in rare circumstances. To reach their decision, the judges will review extensive filings submitted by the parties and “friends of the court” (amicus curiae). Notably, in this case, the U.S. Government has not submitted an amicus brief.