Argentina secured a notable legal win on Friday when a federal appeals court reversed a prior $16.1 billion judgment related to the 2012 state takeover of YPF SA. The appeals panel concluded that a Manhattan judge had wrongly ruled in favor of former shareholders who contended they suffered damages from the nationalization of the oil company.
The case had drawn attention because it was supported by litigation funder Burford Capital Ltd., which would have been poised to obtain a substantial portion of any financial award. The appeals court's ruling therefore not only affects the plaintiffs and the Argentine state but also the financial interests of the litigation backer tied to the suit.
For the administration of President Javier Milei, the ruling represents a meaningful removal of downside risk. The overturned judgment had represented a multi-billion dollar liability that had been hanging over Argentina, and its reversal takes that particular legal threat off the balance sheet of the national government.
The appeals court's assessment focused on the prior judge's decision-making process, finding it incorrect to have sided with the former shareholders on the specific claims brought in the Manhattan proceedings. The reversal does not add new facts about the 2012 events themselves; it addresses whether the earlier court's legal conclusions should stand.
Observers of sovereign litigation had noted that the involvement of a litigation funder like Burford Capital meant any award could have been shared with third-party financiers, creating additional complexity around collectability and recovery. With the judgment reversed, those questions are, at least for now, moot as they pertain to this particular $16.1 billion award.
While the appeals court decision removes this large declared liability, the ruling pertains specifically to the judgment in question and the legal findings reached by the prior Manhattan tribunal. The appeals decision was limited to overturning that judgment rather than providing a broader pronouncement on the underlying events surrounding YPF's nationalization.
Clear summary
A U.S. federal appeals court on Friday overturned a $16.1 billion judgment tied to Argentina's 2012 nationalization of YPF SA, concluding that a Manhattan judge had erred in ruling for former shareholders. The case had been backed by litigation funder Burford Capital Ltd., which stood to receive a large portion of any award. The reversal removes a significant legal liability for President Javier Milei's government.