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Burford Files Rare Rehearing Bid After $16.1 Billion YPF Award Was Overturned

The filing points to a turn toward slow, treaty-based arbitration after a U.S. appeals court wiped out the payout.

Overview

  • Burford, which filed the en banc petition Friday, asked the full Second Circuit to revisit the March 27 ruling that erased the $16.1 billion first‑instance judgment against Argentina.
  • If the court declines, the fund says it will seek Supreme Court review, while conceding the odds of further relief in U.S. courts are low.
  • The firm plans to launch arbitration at the World Bank’s ICSID under SpainArgentina and U.S.–Argentina investment treaties, a move Argentina’s Treasury lawyers call improper.
  • U.S. District Judge Loretta Preska approved Burford’s reuse of documents, depositions, and other discovery from the New York case in any future arbitration, subject to confidentiality.
  • Burford recorded roughly $2.4 billion in non‑cash losses tied to YPF and marked the case down to $93 million, while noting it has already collected about $236 million in cash from the matter.