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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