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Argentina Gets $16 Billion US Judgement Tossed on Appeal

But honestly did Milei or Trump really have anything to do with this? Judges at this level don't get bribed. This isn't Argentina. If anything Kicillof and Cristina are the ones that look like geniuses. What am I missing?
 
But honestly did Milei or Trump really have anything to do with this? Judges at this level don't get bribed. This isn't Argentina. If anything Kicillof and Cristina are the ones that look like geniuses. What am I missing?
No, as much as Milei wants to take credit it has nothing to do with Milei's relationship with Trump. My father was a Federal judge.

Neither Milei nor Trump pulled any strings to make this happen. The rumors floating around that Milei’s relationship with Trump influenced the outcome are pure political fiction, born out of the timing of the ruling and the fact that the two leaders have publicly allied themselves.

How the US Federal Courts Actually Work

This isn't a jurisdiction where a politician can just make a phone call to fix a case. The judges on the US Court of Appeals for the Second Circuit (in New York) are lifetime appointees. They deal with some of the most complex corporate and sovereign litigation in the world.

Argentina won this appeal based on highly technical legal arguments -most likely centering on the "Act of State" doctrine (which prevents US courts from judging the public acts of a recognized foreign sovereign within its own territory) or issues regarding whether US courts were even the proper venue for an Argentine corporate dispute (forum non conveniens). This legal defense has been in motion for years, long before Milei took office or formed an alliance with Trump.

While Milei's government is taking credit for saving the country from bankruptcy, Axel Kicillof and Cristina Fernández de Kirchner are absolutely claiming this as a complete vindication of their strategy.

To their political base, they look like geniuses today. Their narrative is incredibly potent right now: "We reclaimed YPF, secured Vaca Muerta for the Argentine people, and we successfully defeated the Wall Street vulture funds in their own courts without paying them a dime."

Domestically, this is a massive political gift for Kirchnerism. from an international business perspective, the way they executed the seizure still destroyed trust and cratered foreign direct investment for over a decade.
 

It is funny how everyone is trying to take credit now. I think Milei called this press conference because there is a lot of chatter today that Cristina and Axel were right and saved Argentina.

No, as much as Milei wants to take credit it has nothing to do with Milei's relationship with Trump. My father was a Federal judge.

Neither Milei nor Trump pulled any strings to make this happen. The rumors floating around that Milei’s relationship with Trump influenced the outcome are pure political fiction, born out of the timing of the ruling and the fact that the two leaders have publicly allied themselves.

How the US Federal Courts Actually Work

This isn't a jurisdiction where a politician can just make a phone call to fix a case. The judges on the US Court of Appeals for the Second Circuit (in New York) are lifetime appointees. They deal with some of the most complex corporate and sovereign litigation in the world.

Argentina won this appeal based on highly technical legal arguments -most likely centering on the "Act of State" doctrine (which prevents US courts from judging the public acts of a recognized foreign sovereign within its own territory) or issues regarding whether US courts were even the proper venue for an Argentine corporate dispute (forum non conveniens). This legal defense has been in motion for years, long before Milei took office or formed an alliance with Trump.

While Milei's government is taking credit for saving the country from bankruptcy, Axel Kicillof and Cristina Fernández de Kirchner are absolutely claiming this as a complete vindication of their strategy.

To their political base, they look like geniuses today. Their narrative is incredibly potent right now: "We reclaimed YPF, secured Vaca Muerta for the Argentine people, and we successfully defeated the Wall Street vulture funds in their own courts without paying them a dime."

Domestically, this is a massive political gift for Kirchnerism. from an international business perspective, the way they executed the seizure still destroyed trust and cratered foreign direct investment for over a decade.
Correct. Milei had nothing to do with this.
 
Actually Milei was the most important person of all, without his special relationship with Trump no-one in the USA would have known or,cared about the case especially with the war in Iran. Lazy incompetent judges would have just upheld the verdict to start their weekend early. Milei is why they overturned it. Thankyou President Milei
 
Actually Milei was the most important person of all, without his special relationship with Trump no-one in the USA would have known or,cared about the case especially with the war in Iran. Lazy incompetent judges would have just upheld the verdict to start their weekend early. Milei is why they overturned it. Thankyou President Milei

Seriously doubt it. That's not how federal courts work. @Nasdaq is correct. What Cristina and Kicillof did was terrible but they are just saying they were right all along and were proven right.
 
You nailed it as usual Craig. I posted about it this morning. I've been posting how FDI is actually net negative in 2025. Many companies racing to get out. They used Milei as exit liquidity.


Thanks Mike, that is very well written. I understand the populist reaction but seeing every politician try to take credit for it like Argentina just won the World Cup, it sends all the wrong signals.
 
Actually Milei was the most important person of all, without his special relationship with Trump no-one in the USA would have known or,cared about the case especially with the war in Iran. Lazy incompetent judges would have just upheld the verdict to start their weekend early. Milei is why they overturned it. Thankyou President Milei
Actually no this isn't true. Milei didn't have anything to do with this outcome. He wants people to think he does but that's not how it works. Trump either. People don't know how the court systems work here. These judges were Democrat placed. They are there for life. They certainly aren't going to listen to anything Trump or Milei says.

Thanks Mike, that is very well written. I understand the populist reaction but seeing every politician try to take credit for it like Argentina just won the World Cup, it sends all the wrong signals.

That is what annoys me. You have everyone under the sun now trying to take credit for this. It boggles my mind that is the approach they are taking. Milei did a press conference last night trying to take credit. People wonder why there is net negative foreign investments under Milei.


Even the judge ruling in favor had this warning:

US Circuit Judge Denny Chin authored a scathing assessment of Argentina's behavior, even while ruling in their favor on a technicality of Argentine law.

Argentina's "refusal to honor those protections two decades after making them cast doubt on the security of foreign investment in the country more broadly."

The court explicitly noted that Argentina had made a "knowing and flagrant violation of the promises it made to foreign investors," and pointed out that Argentina originally made those bylaws specifically to assure US investors that their capital would be protected. The fact that the court acknowledged Argentina broke its promise -but ruled they couldn't be punished for it under local law -is exactly what terrifies foreign capital and probably what will keep much FDI on the sidelines.

Industry publications covering the intersection of law and energy investment, such as Discovery Alert and Investment Arbitration Reporter, published analyses today breaking down the new risk matrix for energy companies.

They highlight that this ruling fundamentally alters how sovereign risk is calculated. Because a $16.1 billion expropriation liability was erased on an appellate reinterpretation of local law, legal experts are advising that:

Foreign companies can no longer rely on standard corporate bylaws when dealing with sovereigns.

Energy companies will now have to employ extreme "multiple jurisdiction incorporation strategies" and "treaty shopping" to try and artificially shield their assets from future expropriations.

The sentiment among institutional investors is highly negative regarding the precedent this sets. As one market commentator on Seeking Alpha bluntly summarized the mood on Wall Street today:

"Terrible, terrible decision by the court. Green light for government nationalizations going forward for any and all US traded companies!"

While President Javier Milei is publicly celebrating this as the "greatest judicial victory in national history" because it saves the country from immediate bankruptcy, the global financial press and the US justice system itself is openly warning that this "knowing and flagrant violation" serves as a massive red flag for anyone looking to park long-term capital in Argentina.
 
Thanks Mike, that is very well written. I understand the populist reaction but seeing every politician try to take credit for it like Argentina just won the World Cup, it sends all the wrong signals.

I was thinking this yesterday watching the news conference. It is like Cristina, Axel, Macri, Milei all trying to say they were the key. What a banana republic.
 
Who is really responsable for the YPF decision?

Maybe i should confess that I met a legal guy in a bar in NY a few weeks back and mentioned I thoiught that Argentina was being ripped off by the funds and badly treated by the dourts . He agreed and he sais he would sort it for me as his great grandfather was Scottish...

Can someone tell Milei he has to stick a few USD in my bank account....
 
That is what annoys me. You have everyone under the sun now trying to take credit for this. It boggles my mind that is the approach they are taking. Milei did a press conference last night trying to take credit. People wonder why there is net negative foreign investments under Milei.
Agreed Mike. Argentina is becoming a roach motel, easy to get in but impossible to get out without chewing your arms and legs off.
 
Agreed Mike. Argentina is becoming a roach motel, easy to get in but impossible to get out without chewing your arms and legs off.
This has always been the really terrible thing about Argentina. Even today people don't understand the CEPO is still in place for corporations.

About the only thing that is easy to get out is on real estate. You can get paid outside of Argentina. But if I am a company I am not going to put a big operation in Argentina especially after this ruling.
 
I was thinking this yesterday watching the news conference. It is like Cristina, Axel, Macri, Milei all trying to say they were the key. What a banana republic.
How does Cristina and Axel not come off looking like geniuses? They are the only ones that maintained all along their position. Milei will say anything to any side and try to claim victory.

 
Actually no this isn't true. Milei didn't have anything to do with this outcome. He wants people to think he does but that's not how it works. Trump either. People don't know how the court systems work here. These judges were Democrat placed. They are there for life. They certainly aren't going to listen to anything Trump or Milei says.



That is what annoys me. You have everyone under the sun now trying to take credit for this. It boggles my mind that is the approach they are taking. Milei did a press conference last night trying to take credit. People wonder why there is net negative foreign investments under Milei.


Even the judge ruling in favor had this warning:

US Circuit Judge Denny Chin authored a scathing assessment of Argentina's behavior, even while ruling in their favor on a technicality of Argentine law.

Argentina's "refusal to honor those protections two decades after making them cast doubt on the security of foreign investment in the country more broadly."

The court explicitly noted that Argentina had made a "knowing and flagrant violation of the promises it made to foreign investors," and pointed out that Argentina originally made those bylaws specifically to assure US investors that their capital would be protected. The fact that the court acknowledged Argentina broke its promise -but ruled they couldn't be punished for it under local law -is exactly what terrifies foreign capital and probably what will keep much FDI on the sidelines.

Industry publications covering the intersection of law and energy investment, such as Discovery Alert and Investment Arbitration Reporter, published analyses today breaking down the new risk matrix for energy companies.

They highlight that this ruling fundamentally alters how sovereign risk is calculated. Because a $16.1 billion expropriation liability was erased on an appellate reinterpretation of local law, legal experts are advising that:

Foreign companies can no longer rely on standard corporate bylaws when dealing with sovereigns.

Energy companies will now have to employ extreme "multiple jurisdiction incorporation strategies" and "treaty shopping" to try and artificially shield their assets from future expropriations.

The sentiment among institutional investors is highly negative regarding the precedent this sets. As one market commentator on Seeking Alpha bluntly summarized the mood on Wall Street today:

"Terrible, terrible decision by the court. Green light for government nationalizations going forward for any and all US traded companies!"

While President Javier Milei is publicly celebrating this as the "greatest judicial victory in national history" because it saves the country from immediate bankruptcy, the global financial press and the US justice system itself is openly warning that this "knowing and flagrant violation" serves as a massive red flag for anyone looking to park long-term capital in Argentina.
One thing I respect about you Mike even though you deal with investments in Argentina you always tell it like it is. Argentina is a crazy place to do business.
 
Actually no this isn't true. Milei didn't have anything to do with this outcome. He wants people to think he does but that's not how it works. Trump either. People don't know how the court systems work here. These judges were Democrat placed. They are there for life. They certainly aren't going to listen to anything Trump or Milei says.



That is what annoys me. You have everyone under the sun now trying to take credit for this. It boggles my mind that is the approach they are taking. Milei did a press conference last night trying to take credit. People wonder why there is net negative foreign investments under Milei.


Even the judge ruling in favor had this warning:

US Circuit Judge Denny Chin authored a scathing assessment of Argentina's behavior, even while ruling in their favor on a technicality of Argentine law.

Argentina's "refusal to honor those protections two decades after making them cast doubt on the security of foreign investment in the country more broadly."

The court explicitly noted that Argentina had made a "knowing and flagrant violation of the promises it made to foreign investors," and pointed out that Argentina originally made those bylaws specifically to assure US investors that their capital would be protected. The fact that the court acknowledged Argentina broke its promise -but ruled they couldn't be punished for it under local law -is exactly what terrifies foreign capital and probably what will keep much FDI on the sidelines.

Industry publications covering the intersection of law and energy investment, such as Discovery Alert and Investment Arbitration Reporter, published analyses today breaking down the new risk matrix for energy companies.

They highlight that this ruling fundamentally alters how sovereign risk is calculated. Because a $16.1 billion expropriation liability was erased on an appellate reinterpretation of local law, legal experts are advising that:

Foreign companies can no longer rely on standard corporate bylaws when dealing with sovereigns.

Energy companies will now have to employ extreme "multiple jurisdiction incorporation strategies" and "treaty shopping" to try and artificially shield their assets from future expropriations.

The sentiment among institutional investors is highly negative regarding the precedent this sets. As one market commentator on Seeking Alpha bluntly summarized the mood on Wall Street today:

"Terrible, terrible decision by the court. Green light for government nationalizations going forward for any and all US traded companies!"

While President Javier Milei is publicly celebrating this as the "greatest judicial victory in national history" because it saves the country from immediate bankruptcy, the global financial press and the US justice system itself is openly warning that this "knowing and flagrant violation" serves as a massive red flag for anyone looking to park long-term capital in Argentina.
This is the first thing I thought of when they were all scrambling to take credit. From everything I am seeing things going from bad to worse for the administration. Sure high oil prices will help long term for Argentina but they are talking about $200 barrel oil. I would think this will crush Argentina short-term before the next election.

 
One thing I respect about you Mike even though you deal with investments in Argentina you always tell it like it is. Argentina is a crazy place to do business.
Actually no this isn't true. Milei didn't have anything to do with this outcome. He wants people to think he does but that's not how it works. Trump either. People don't know how the court systems work here. These judges were Democrat placed. They are there for life. They certainly aren't going to listen to anything Trump or Milei says.
According to multiple sources, your comment is partly true but oversimplified and somewhat misleading. Here’s a fact‑check breakdown:

1. Did Milei have “anything to do with this outcome”?​

  • No, not directly. The U.S. appeals‑court panel (Second Circuit) that overturned the $16.1 billion judgment in the YPF expropriation case is an independent federal‑court body; its judges are not appointed by or under the control of Argentine President Javier Milei.batimes.com+2
  • However, Milei’s government did:
    • Lead the appeal strategy and legal arguments in the U.S. courts.reuters+1
    • Publicly frame the reversal as a political and economic victory for his administration, and he has encouraged the narrative that “Milei got this right.”batimes+2
So the claim that “Milei didn’t have anything to do with this” is too strong; he oversaw the state’s legal‑policy posture, but he did not personally influence the judges’ decision.

2. Does Trump have anything to do with it?​

  • There is no evidence that Donald Trump (or the current U.S. administration) directed or influenced this ruling. The Second Circuit’s decision was based on U.S. federal‑court procedure and an interpretation of Argentine law, not on political pressure from Trump or from Milei.wdbo+2
  • The Milei government has tried to align its foreign‑policy and economic posture with Trump‑era pro‑market, pro‑sovereign‑immunity rhetoric, but that is diplomatic positioning, not direct judicial intervention.batimes+1
So the comment that “Trump either” doesn’t have anything to do with it is broadly accurate.

3. “These judges are Democrat‑placed and for life; they won’t listen to Trump or Milei”​

  • U.S. federal judges (including Second Circuit members) are appointed by the President and confirmed by the Senate, and then serve for life. Some of the judges on the panel were nominated by Democratic presidents, which is why people describe them as “Democrat‑placed.”apnews+1
  • However, no reputable source claims they took political cues from Milei or Trump in this case. The published opinion frames the reversal as turning on a narrow legal‑technical question: whether Argentina’s own law would have allowed the claim in its domestic courts, not on politics.batimes.com+2
So this part of the comment is partially correct (judges are lifetime, party‑affiliated appointees) but overstates the implication, because it imputes motive (“they certainly aren’t going to listen…”) without evidence that any directive was given or received.

Bottom‑line assessment​

  • Factually wrong/impression being pushed back:
    • Saying Milei “didn’t have anything to do with this” is an overstatement; his government initiated and pursued the appeal and is claiming credit.batimes.com+2
  • Mostly accurate:
    • Trump and Milei did not personally control or direct the judges; those are independent U.S. federal judges.wdbo+2
  • Speculative/unsupported:
    • The claim that “they certainly aren’t going to listen to anything Trump or Milei says” is reasonable as a generalization about judicial independence, but it cannot be proven as a specific fact about the intent of these particular judges.apnews+2




    • Here are the key sources I relied on, with brief explanations:
      • Buenos Aires Times – “US court overturns US$16bn judgment against Argentina over YPF seizure”
        This article explains that the Second Circuit overturned the $16.1 billion judgment and credits Milei with celebrating it as a major victory, while noting the decision turned on misinterpretation of Argentine law, not political pressure.batimes
      • Business Wire – “Debevoise Secures Second Circuit Affirmance of Dismissal of $16 Billion…”
        A law‑firm press release describing the Second Circuit’s ruling that Argentina’s liability under the plaintiffs’ contract theory was not cognizable under Argentine law, emphasizing the technical legal basis of the decision.businesswire
      • Sullivan & Cromwell – “S&C Obtains Historic Reversal of $18 Billion Judgment Against Argentina”
        Another firm summary confirming that the court reversed the record‑setting judgment because the plaintiffs’ contract‑based claims were not recognized under Argentine civil/corporate law, again stressing the doctrinal‑legal rationale.sullcrom
      • Reuters – “Argentina fights $16 billion judgment on appeal”
        Reports that Argentina’s government filed the appeal and highlights the legal argument (“respectful consideration”) it used, showing that the Milei administration led the appellate strategy, even if the judges acted independently.reuters
      • WSJ – “Court Hands Argentina’s Milei a Victory, Rejecting $16 Billion Verdict”
        Notes that the ruling is a win for Milei’s economic agenda, but also describes it as a federal‑appellate‑court decision grounded in U.S. and Argentine law, not political direction.wsj
      • AP / U.S. News summaries of the Second Circuit ruling
        These general‑news pieces reinforce that the Second Circuit panel acted independently, reversing the lower‑court judgment on the basis of how Argentine law governs such claims, with no indication of Trump or Milei directing the judges.ground+2
    • These together justify the points that:
      • Milei’s government drove the appeal and claims credit, but did not control the judges.batimes+2
      • Trump had no documented role in the decision.usnews+2
      • The ruling is framed in the sources as a technically grounded appellate‑court outcome, not a politically commanded one.businesswire+2
 
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