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The Argentine Republic and the company YPF asked Monday the judge of first instance of the southern district of New York, Loretta Preska, the suspension of the beginning of the trial due to the nationalization of the oil company that motivated the application of the investment fund Burford, in the Petersen and Eaton business.
Argentina's appeal was issued Monday morning, as it was announced on Friday after it learned that the New York Second Circuit Court of Appeals had confirmed for the second time the judgment of Preska's first instance.
This jurisdictional decision will be known only in September, when the government of the president is expected Donald Trump, At the request of the Supreme Court of your country, present the document for or against Argentina's request to refer the case to local courts.
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 admit it and suspend the beginning of the process.
This jurisdictional decision will be known only in September, when the government of the president is expected Donald Trump, At the request of the Supreme Court of your country, present the document for or against Argentina's request to refer the case to local courts.
The sovereign debt specialist and director of FinGuru, Sebastián Maril, He also explained that two presentations by the applicants Petersen and Eaton had been filed in the courts of Preska. "Petersen and in similar terms EatonWe respond to Argentina that her request for suspension is absurd, because Preska J. answered no and the Court of Appeal also stated that this possibility was not possible twice and that the trial should therefore continue ".
Maril pointed out that the plaintiffs in their memory, "They cited Argentinian media that allegedly claimed from 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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