Argentina ordered to pay US$16.1bil for oil firm expropriation

Argentina ordered to pay US$16.1bil for oil firm expropriation

A US judge expanded on a prior judgement in favour of Petersen Energia and Eton Park Capital.

The expropriation case was brought in US courts because YPF shares trade on the New York Stock Exchange. (Wikimedia Commons pic)
NEW YORK:
A US judge on Friday ordered Argentina to pay nearly US$16.1 billion to two companies that were not compensated as minority shareholders for the 2012 nationalisation of the YPF oil giant.

In a ruling that expanded on a prior judgment in favour of Petersen Energia and Eton Park Capital, federal judge Loretta Preska set the amounts that Argentina must pay the two firms in compensation.

Preska ordered the South American nation to pay US$7.5 billion in damages and US$6.85 billion in interest to Petersen Energia.

She also ordered Argentina to pay about US$1.7 billion, between damages and interest, to Eton Park Capital.

The case dates back to Argentina’s 2012 expropriation of 51% of the shares of leading energy company YPF, which was partially controlled by Spanish giant Repsol.

Argentina, which is mired in economic and political crisis with runaway annual inflation of over 120 percent, said on Aug 9 that it would appeal the ruling. It has 30 days to do so.

In the judgment, Preska also ruled that all other claims by the plaintiffs “are dismissed and that all of plaintiffs’s claims against defendant YPF SA are dismissed.”

The expropriation case was brought in US courts because YPF shares trade on the New York Stock Exchange.

In her Aug 9 ruling, the judge said she had accepted the arguments of the plaintiffs, including the law firm Burford Capital, which had purchased the litigation rights for US$16.6 million.

Two years after Argentina’s nationalisation of YPF, Repsol, the Spanish giant, was compensated with US$5 billion to settle litigation.

Not so other minority shareholders such as the Petersen Group or Eton Park Capital – which together held 25.4% of YPF’s capital – and in 2015, they filed a lawsuit, alleging that the country had not submitted a takeover bid as provided by law.

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