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The Argentine Republic and the YPF company have asked New York South District Trial Judge Loretta Preska on Monday to suspend the start of the petroleum company's nationalization lawsuit that prompted the petitioner's request. Burford investment, called Petersen and Eaton.
Official sources confirmed to Telam that Argentina's call had been finalized on Monday morning as it was scheduled for Friday after hearing that the Court of Appeals of the Second Circuit of New York had confirmed for the second time his trial judgment at first instance. Preska
The presentation consisted of two writings of an almost identical tone that the country has presented in both the Petersen and Eaton cases, the two former YPF shareholding companies considered as affected by the nationalization validated by the National Congress in 2012.
In their presentation, the Argentine lawyers asked the judge that, beyond the refusal of the Court of Appeal to suspend the case, the complainant wanted it to be stayed in the Preska court until the Supreme Court be returned. on the competence of the case.
This is a pending appeal of "certiorari" (direct submission) to the Supreme Court, in which Argentina has raised the incompetence of US courts, with the "court of law". support from Mexico, Chile, Brazil and Colombia.
The same sources recalled that Judge Preska had already admitted a similar request about 10 days ago. One could therefore expect that she could accept it and suspend the beginning of the process..
This jurisdictional decision will be known only in September, when the government of President Donald Trump, at the request of the Supreme Court of his country, will present the brief in favor of or against the application of the Argentina to return the case to justice. local
The sovereign debt specialist and director of FinGuru, Sebastián Maril, also explained that during the day, two further submissions of plaintiffs Petersen and Eaton were registered in the courts of Preska.
"Petersen – and in similar terms, Eaton – responds to Argentina by stating that his suspension application is absurd, since Preska J. said no and that the Court of Appeal also ruled that no to twice this possibility and therefore the trial must continue. "
Maril pointed out that the plaintiffs, in their letter, "cited the Argentine media allegedly alleged by official sources that the government's strategy was to advance the case".
Now, Judge Preska must decide – according to Maril in a few days – between the alternative of waiting for the court's decision or, conversely, starting the trial in her court.
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