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US judge orders Argentina to relinquish 51% stake in YPF
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Argentina government says will appeal ruling
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YPF leads development of major Vaca Muerta shale region
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Argentina pushing shale production to bring in exports
dollars
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Legal standoff could hit aims to return to global markets
By Eliana Raszewski, Leila Miller and Jorge Otaola
BUENOS AIRES, July 1 (Reuters) - A dramatic ruling by a
U.S. court ordering Argentina to hand over the 51% stake it
holds in state energy firm YPF has cast a shadow over
the country's plans for its huge Vaca Muerta shale formation and
hopes to return to global markets.
U.S. District Judge Loretta Preska said on Monday that
Argentina must transfer its YPF shares within 14 days to
partially satisfy an earlier $16.1 billion court judgment
against the country over its 2012 nationalization of the firm.
The government of pro-market libertarian Javier Milei said
it would appeal the ruling to "defend national interests."
The judgment adds uncertainty to Argentina's plans to turn
Vaca Muerta, the world's No. 2 shale gas reserve and No. 4 for
shale oil, into a key global energy producing region that would
help bring in foreign currency needed to prop up the economy.
YPF leads development of Vaca Muerta, often partnering with
other local and international firms including Shell and
Chevron ( CVX ). Vaca Muerta has hit production of over 400,000
barrels per day of oil and some 70 million cubic meters of gas
per day.
"Control of YPF is important for Milei; that's why an appeal
is the only option for him," said Marcelo García, director for
the Americas at New York-based risk consultancy Horizon Engage.
"YPF leadership in Vaca Muerta is crucial for the medium- to
long-term sustainability of his economic program, because it
should bring the U.S. dollars the economy lacks."
The legal dispute arose from Argentina's 2012 seizure of the
51% YPF stake held by Spain's Repsol, without tendering
for shares held by minority investors Petersen Energia Inversora
and Eton Park Capital Management.
In 2023, Preska awarded $14.4 billion to Petersen and $1.7
billion to Eton Park in the same case, which Argentina is also
appealing. The plaintiffs are represented by litigation funder
Burford Capital, which expects to receive some 35% and
73% of Petersen's and Eton Park's respective damages.
The legal ruling could also dent Argentina's ability to
tap global markets, something the country is keen to do to
bolster its depleted reserves after years of currency crises,
regular fiscal deficits draining state coffers and high
inflation.
"These unresolved disputes could hinder, or even block,
Argentina's return to the international capital markets,"
BancTrust & Co said in a note on Tuesday.
García added that surrendering the shares in YPF would
constitutionally need the approval of Argentina's Congress,
which was unlikely to happen, adding a more realistic outcome
was that it would force Milei to negotiate.
"Surrendering YPF is politically not viable in Argentina
today. But the ruling does force the administration to the
negotiating table and gets Milei's attention on the case."
Argentina's government must urgently build up foreign
currency reserves to pay its debts and meet targets as part of a
$20 billion loan program
agreed with the International Monetary Fund in April, the
indebted country's 23rd IMF program.
YPF's U.S.-listed shares slumped more than 5% on Monday,
while Burford's stock price jumped. Both steadied on Tuesday.
YPF's current market capitalization is around $12.5 billion.