Thursday, July 25, 2013

What to make of the latest

The United States decided not to participate now in favor of Argentina as an UNINVITED amicus. This negative affected the decision from the IMF not to file a brief as announced.

Questions for the near future:

1) Will the Supreme Court ask the U.S. to file an INVITED brief?

2) If so, what the U.S. government will?

3) After the upcoming ruling from the Court of Appeals, Argentina will appeal to the U.S. Supreme Court if the ruling is negative (not decided yet particularly on the attachments of the Bank of New York). In this case, the interest to the U.S. government may be more important as the payment system of New York may be affected. In this case, the U.S. government may decide to file an UNINVITED amicus brief, but this remain to be seen.

4) Of course, if no amicus brief from the U.S. government, the situation with the Supreme Court will be difficult. What will the Court do absence U.S. help?

5) If the Supreme Court accepts the appeal (either the existing one or the upcoming), will it be with Stay of Execution of the rulings from the Court of Appeals?

Eugenio A Bruno
eab@garridolawfirm.com