NEW YORK, July 14 (Reuters) - A U.S. judge on Monday
temporarily halted enforcement of an order requiring Argentina
to turn over its 51% stake in oil and gas company YPF
to partially satisfy a $16.1 billion court judgment. The
decision by U.S. District Judge Loretta Preska in Manhattan
affords temporary relief to for the cash-strapped South American
country, which has warned its economy could be destabilized if
it were forced to give up the YPF stake. A turnover had been
scheduled for Monday, but Preska extended the deadline to July
17 to allow time to appeal.
Argentine President Javier Milei has been seeking to bolster
foreign currency reserves and rein in soaring inflation while
dealing with a heavy government debt burden.
The dispute arose from Argentina's 2012 decision to seize
the YPF stake from Spain's Repsol without making a
tender offer to minority shareholders Petersen Energia Inversora
and Eton Park Capital Management.
Those shareholders are represented by litigation funder
Burford Capital, which has said it expected to receive
35% and 73% of Petersen's and Eton Park's respective
damages.
In September 2023, Preska ordered Argentina to pay $14.39
billion to Petersen and $1.71 billion to Eton Park.
Argentina has not paid the judgment while it appeals. On
June 30, Preska ordered the government to turn over the YPF
stake within 14 days.
The country has argued that the YPF shares were immune from
turnover under the U.S. Foreign Sovereign Immunities Act, while
Burford said a commercial activity exception and years of
evasion by Argentina justified a turnover.
In a court filing on Thursday seeking to delay the turnover,
Argentina told the appeals court "the stakes could not be
higher."
It warned that requiring a turnover would irreparably harm
its sovereignty, interfere with foreign relations, violate
international law and wrongly expand U.S. courts' power.
Argentina likened a turnover to a foreign court ordering the
U.S. government to ship gold reserves stored at Fort Knox
outside the country because that court misinterpreted U.S. law.
The country also said it would be unfair to give up its
controlling stake in the country's largest energy company now,
because doing so would likely be irrevocable even it ultimately
won the case.