Overview
- Argentina and YPF urged U.S. District Judge Loretta Preska to deny the plaintiffs’ bid to use confidential material from the New York case in a possible arbitration at the World Bank’s ICSID.
- The defense cited a court‑approved protective order from about six years ago that limits discovery to the New York litigation and requires confidential files be destroyed when the case ends.
- Petersen and Eton Park, funded by Burford Capital, told the judge they plan to pursue ICSID claims and asked to reuse the trove of documents, which Argentina called premature because no arbitration has been filed.
- The Second Circuit recently vacated the roughly $16.1 billion district‑court award against Argentina and left YPF out of the case, prompting the plaintiffs to explore other forums.
- The government said any later use of specific documents should be narrowly tailored and pre‑cleared with the Republic, while noting the New York case produced more than 10,000 exhibits that judges found did not show YPF acted for the state.