The United States has once again backed Argentina in the multibillion-dollar lawsuit over YPF. The Department of Justice filed a brief with the U.S. Court of Appeals for the Second Circuit in support of Argentina's emergency motion to suspend the post-judgment discovery phase in the YPF case. Argentina is seeking to block the motion filed by the plaintiffs, led by the British firm Burford, to identify Argentine assets that could be seized to collect the $16 billion judgment they won for the expropriation of YPF. In its emergency motion, filed on March 6, Argentina had requested the suspension of the document production (discovery) phase, the sanctions request, and the evidentiary hearing scheduled for April 21-23, 2026. According to Argentina's Attorney General's Office, the U.S. Department of Justice argues in its filing that the ongoing discovery process is excessively intrusive and contrary to the principles of international comity and reciprocity. It states that such demands directed at sovereign states can generate diplomatic friction and create the possibility that foreign courts could impose similar measures against the United States itself. Furthermore, it emphasizes that when assessing the public interest factor in a suspension request, courts must consider the potential effects on foreign relations and, in that context, give special deference to the position of the Executive Branch on foreign policy. Accordingly, the brief requests that, when ruling on Argentina's motion to suspend discovery, the court duly considers the principles of international comity, reciprocity, and the implications the case may have for foreign relations.
