NEW YORK, July 3 (Reuters) - A U.S. appeals court on
Wednesday set aside a judge's ruling that bondholders had valid
claims against Venezuela's state-run oil company related to its
U.S. refiner Citgo, and directed the judge to apply Venezuela
law in assessing the claims.
The decision by the 2nd U.S. Circuit Court of Appeals in
Manhattan could provide a boost to opponents of Venezuelan
President Nicolas Maduro, who have since 2019 controlled some of
the Petroleos de Venezuela's (PDVSA) overseas assets.
U.S. District Judge Katherine Polk Failla in Manhattan had
applied New York law in October 2020 when she authorized PDVSA
bondholders to seize a 50.1% stake in Citgo, a PDVSA subsidiary
that had been pledged as collateral for the bonds.
Failla also entered a $1.68 billion judgment against PDVSA,
declaring it in default.
The bonds had been issued under Maduro, but opponents said
the opposition-controlled National Assembly never approved using
Citgo as collateral.
In Wednesday's decision, the 2nd Circuit said that while it
could decide questions of foreign law, Failla was in a better
position because she had reviewed materials from the parties and
expert witnesses.
Venezuela's opposition wanted the dispute resolved under
their country's law.
Lawyers for PDVSA and for the bondholders' respective
trustee and collateral agent, MUFG Union Bank and GLAS Americas,
did not immediately respond to requests for comment.
Citgo is considered Venezuela's most prized asset outside
the country.
Based in Houston, Citgo operates three refineries and a
network of pipelines and terminals, and supplies thousands of
Citgo-branded gas stations.
In October 2022, the 2nd Circuit had asked New York's
highest court for guidance on whether Venezuelan or New York law
governed the bond dispute. The state court decided in February
that Venezuelan law applied.
The case is Petroleos de Venezuela SA et al v MUFG Union
Bank NA et al, 2nd U.S. Circuit Court of Appeals, Nos. 20-3858,
20-4127.