Gesamtzahl der Seitenaufrufe

Donnerstag, 12. März 2015

14 Seiten Griesa Beschluss...Citi darf Zinszahlungen nicht abwickeln...// ... The court urges the Republic, once again, to avail itself of the Special Master's services. Conclusion For the reasons given above, the court denies Citibank's motion, by order to show cause, to vacate the July 28th Order. SO ORDERED. Dated: New York, New York March 12, 2015 '1LI? ' Thomas P. Griesa United States District Judge

The court is mindful that considerations of comity play a role when deciding matters involving foreign sovereigns. See Aurelius Capital Master, Ltd. v. Republic of Argentina, 589 F. App'x 16, 18 (2d Cir. 2014). The Republic of Argentina, as a foreign sovereign, is entitled to a degree of grace and comity. Id. But comity is a two-way street. The Republic, in a contract of its own signing, irrevocably acceded to the jurisdiction of United States courts for disputes arising under that contract. See FAA ¶ 22 (“The Republic hereby irrevocably and unconditionally waives, to the fullest extent permitted by law, any objection . . . .”). When those courts issued judgments, the Republic refused to honor them. Comity would have urged the opposite. By observing the Injunction, Citibank asserts that it risks sanction in Argentina. However, if Citibank processes payments on exchange bonds, it violates the Injunction issued by this court. Neither option is appealing. See Restatement (Third) of Foreign Relations Law 403(2)(h) (referring to “the likelihood of conflict with regulation by another state.”). But if Citibank’s predicament is a matter of comity, it is only because the Republic has refused to observe the judgments of the court to whose jurisdiction it acceded. Comity does not suggest abrogating those judgments, or creating exceptions to the Injunction designed to enforce them. Rather, comity suggests that the Republic not penalize third parties, like Citibank, who must observe the orders of United States courts. The court has long urged the Republic to participate in negotiating a resolution to the claims in this case, and has appointed a Special Master to 13 Case 1:08-cv-06978-TPG Document 762 Filed 03/12/15 Page 15 of 16 facilitate that process. The court urges the Republic, once again, to avail itself of the Special Master's services. Conclusion For the reasons given above, the court denies Citibank's motion, by order to show cause, to vacate the July 28th Order. SO ORDERED. Dated: New York, New York March 12, 2015 '1LI? ' Thomas P. Griesa United States District Judge 

http://www.shearman.com/~/media/Files/Services/Argentine-Sovereign-Debt/2015/Arg216-031215-08-cv-6978-Doc-762.pdf

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