Legal representatives for Argentina in the YPF expropriation case in New York have characterized the request from UK-based hedge fund Burford Capital — the plaintiffs — to hold the nation in contempt as “procedural harassment.” On Thursday, Burford’s legal team submitted a formal request to Judge Loretta Preska. The assertion pertains to the discovery phase of the case, wherein an order dated July 29, 2025, mandates Argentina to provide emails and communications from both current and former government officials. The plaintiffs contend that certain Argentine officials failed to submit all the requested documentation, thereby providing grounds for sanctions.
In response, the Office of the Attorney General of the Argentine Treasury issued a statement asserting that the motion represents “the most recent attempt by litigation financier Burford Capital to harass the Republic through intrusive and disproportionate discovery requests.” It further emphasized that it is “‘a tool to put sand in the gears’ of Argentina’s economic recovery, as its CEO pointed out.” It was noted that Argentina provided “more than 113,000 pages of documents” along with “the testimony of various Argentine government officials.” It also asserted that these “new attacks” are related to “recent advances made by Argentina in the judicial sphere, which have undermined Burford’s procedural position.”
The remarks, nonetheless, do not represent an official reply. Argentina is required to formally respond to the complaint on February 19, with the plaintiffs’ presentation set for March 5. Judge Preska is set to determine the potential contempt of Argentina during the hearings arranged for March 23 and 24. For over ten years, Argentina has engaged in a legal dispute concerning the expropriation of its state-owned oil enterprise, YPF. The case originates from 2012, when Argentina’s Congress expropriated 51% of YPF shares from the Spanish multinational Repsol, the majority shareholder at that time, thereby granting the state majority control of the company.
In 2015, Burford Capital, a hedge fund based in the UK, initiated legal proceedings against Argentina in the District Court for the Southern District of New York. This action followed their acquisition of the rights to litigate on behalf of Petersen Energia Inversora and Petersen Energía, two entities associated with the local Ezkenazi family, which retained ownership of a portion of the remaining shares. In 2023, Judge Preska determined that the nation had violated its contractual obligations and mandated a payment of US$16.1 billion, a decision that Argentina’s legal representatives contested before the U.S. Court of Appeals.