Petersen Energia Inversora, S.A.U. and Petersen Energia S.A.U. v. Argentine Republic, 23-7370(L) (2d Cir. 2024) (Brief of Amici Curiae Law Professors in Support of Defendant-Appellant-Cross-Appellee)
Document Type
Report
Publication Date
2024
Recommended Citation
Ronald J. Colombo,
Petersen Energia Inversora, S.A.U. and Petersen Energia S.A.U. v. Argentine Republic, 23-7370(L) (2d Cir. 2024) (Brief of Amici Curiae Law Professors in Support of Defendant-Appellant-Cross-Appellee)
(2024)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1506
COinS
Comments
Petersen Energia Inversora, S.A.U. and Petersen Energia S.A.U. v. Argentine Republic, 23-7370(L) (2d Cir. 2024) (Brief of Amici Curiae Law Professors in Support of Defendant-Appellant-Cross-Appellee) (urging the Second Circuit to overturn trial court’s $16.1 billion judgment against appellant on the ground that it violates well-established principles of corporate governance and jurisprudence that are fundamentally important to—and for years have shaped—the nature of shareholder litigation within our courts. In particular, the amici curiae are concerned that the district court exceeded boundaries that U.S. courts have traditionally observed in two key respects—first, by recognizing unprecedented claims between shareholders for putative violations of corporate bylaws; and second, by purporting to resolve unsettled, complex, and disputed questions of Argentine law, despite the well-settled principle that Argentina, not the United States, should be the jurisdiction to decide matters governing the internal affairs of its corporations.)