Irish courts asked to recognise €15.4bn judgment against Argentina in US courts

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Irish Courts Asked To Recognise €15.4Bn Judgment Against Argentina In Us Courts
The two groups successfully sued the Argentine State and YPF over the South American nation's renationalisation of Argentine Energy Company YPF in 2012. Photo: Ronaldo Schemidt/AFP via Getty
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High Court reporters

The Irish High Court has been asked to formally recognise a €15.41 billion ($16.5 billion) judgment against the State of Argentina.

The application to recognise the judgment in this jurisdiction granted by a New York court last year has been made by two groups who were each minority shareholders in the Argentine Energy Company YPF.

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The two groups are Spanish-registered Petersen Energia Inversora SAU and the related Peterson Energia SAU, which are both in liquidation.

The second group are Eton Park Capital Management, LP and Eton Park Fund LP which are registered in the US, and Eton Park Master Fund Ltd which is registered in the Cayman Islands.

The two groups successfully sued the Argentine State and YPF over the South American nation's renationalisation of the company in 2012.

YPF was privatised when 100 per cent of the firm's shares were sold through an IPO on the New York Stock Exchange in the early 1990s.

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Between 2008 and 2011 the Peterson Group acquired 25 per cent of the ownership of the company.

In and around the same period the Eton group acquired some 3 per cent of YPF.

The two groups claim that in 2012 following a vote of Argentina's congress, the state acquired 51 per cent of YPF from the then majority shareholder Repsol, which is a Spanish entity.

The two minority shareholders said that the Argentine State failed to make a public offer for YPF's other 49% of its shares at a price prescribed in the original share offer.

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This action the groups claim was in breach of the law, and resulted in the two groups sustaining significant losses and damages.

As a result the two groups brought an action before the New York Courts seeking damages, and prejudicial interest for breach of contract against both YPF and the Argentine State which ran for several years.

The claims were denied and the actions opposed.

Last year, the courts, after finding in their favour, awarded the Petersen Group some $14.38 billion while the Eton companies were awarded $1.71 billion.

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The decisions have been appealed, but the awards are not the subject of a stay.

At the High Court on Thursday the two groups secured permission from Mr Justice Michael Twomey on an ex-parte basis to apply to have the judgement recognised by the Irish Courts.

The application was not opposed.

The applicants, represented in the proceedings by Declan McGrath SC and Stephen Byrne Bl say they want the New York judgment recognised in several jurisdictions including Ireland as part of their efforts to enforce the ruling.

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The groups claim that the application has been made here because the Irish courts are extremely highly regarded internationally with a "very strong reputation for predictability, speed, efficiency and impartiality and fair procedures."

Recognition of the judgement, the groups also claim, will help them obtain an order helping them to obtain the whereabouts of assets belonging to the Argentine State and to establish if any such assets are in Ireland.

Argentina, it was submitted, could move assets to this jurisdiction at some point in the lifetime of the judgement, given that Ireland is the place of domicile of 6% of the world-wide fund investment assets.

This makes Ireland the third-largest global centre of fund administration and the second largest in the EU.

Ireland is also an international listing hub for debt securities and a potential place where Argentina could list debt securities, the groups claim.

It is also argued that the absence of assets owned by the Argentine State in Ireland is not a reason for rejecting the application for recognition.

The case will return before the courts at a later date.

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