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2025-10-31 21:57:56

[Argentina Trapped in $16 Billion Legal Dilemma, Sovereign Debt Rules Face Reshaping] ⑴ While Argentine President Milley won the domestic midterm elections, he faces a $16 billion legal ruling overseas that could overturn his economic reforms. ⑵ US Judge Presca ruled that Argentina violated the bylaws when nationalizing YPF oil company in 2012, ordering it to compensate minority shareholders. ⑶ The judgment amount surged from the initial $5 billion to $16 billion because the judge used the 2012 exchange rate plus 8% annual interest, instead of the 0.76% statutory interest rate claimed by Argentina. ⑷ Lawyers representing Argentina warned that the ruling poses an "existential threat" to the country, whose net international foreign exchange reserves were negative $5 billion in June. ⑸ The Milley government is dealing with over $100 billion in maturing debt and curbing hyperinflation, while also facing $40 billion in temporary aid from Trump. ⑹ The judge's unconventional interpretation of Argentine law, rather than following legal principles to direct the litigation to an Argentine court, has sent shockwaves through the financial world. (7) Bank of America, concerned about potential involvement in similar international legal disputes, has expressed its concerns to the court. This precedent could prompt sovereign borrowers to seek jurisdictions outside of New York. (8) Two judges on the appeals court questioned the choice of venue, arguing that the case should have been heard in Argentina. Burford's stock price plummeted during the proceedings. (9) If the ruling is upheld, it will not only severely damage the Argentine economy but could also reshape the sovereign debt dispute resolution mechanism and impact global capital market rules. (10) This case highlights the profound contradiction between international investment protection and sovereign state policy space. The outcome will have a far-reaching impact on financing costs in emerging markets.

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