Back in Argentina: Donald Trump's government has recommended that the trial for YPF be continued in the United States – 21/05/2019

In government, they knew that a definition of their application was imminent. Argentina's legal strategy was that the trial – which takes place in United States– will go to the local jurisdiction. But the Ministry of Justice has recommended to the Supreme Court from this country that excludes this possibility. Although the highest court has not yet been rendered, it would only take a few days to do so.

The US court will suspend at the end of June until the third Thursday of October. Burford Road to begin the trial would be cleared in this case. But the government continues to believe that it will win in the long run (they talk about four to six years old), but it also thinks that before (in a year and a half), the nullity could be due to a demand that they opened in Spain.

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In Spain, they will try to to dispute the transfer of Petersen's disputed rights to the Burford Fund. They think it's a "simulation", in which irregularities were agreed between Petersen and Burford. Argentine lawyers understand that there is an article in Spanish law that allows the initial debts (companies) to be settled before the transfer of the rights of the defense. "Burford has bought Petersen's litigation rights for 15 million euros and Spanish law gives him the opportunity to pay this debt to the author (N. of R: in this case, YPF or the Republic Argentina) before transferring it to another party, "they say on the Argentine side.

"We have a 70% chance of winning in Spain"explain the official sources. The government and YPF understand that Burford and Petersen are exchanging the use of the rights of judgment in a dubious procedure. "We are going to show that Burford makes a judgment on behalf of Petersen (of the Eskenazi family) who does not belong to him.. here lack of standing (which is the ability of a party to demonstrate its right to sue in court). US justice will dismiss the lawsuit once we have proven Burford's lack of rights to plead in the United States, "Argentine lawyers said.

Although the bet is in Spain, the government thinks that they can still win the lawsuit in the United States. They believe that this process could take between four and six years. "What is coming now is long, if the local jurisdictions were established, the conditions would have been shorter, but even in New York, Argentina and YPF will win," they said.

Although the recommendation is not binding, it sets an unfavorable precedent in the judicial aspirations of Mauricio Macri's government, who was expecting a gesture from Donald Trump's administration.