Arbitration Law in Argentina
Arbitration Law in Argentina
Argentina’s Arbitration Law is primarily governed by the Argentine Civil and Commercial Code (CCyC, 2015), with provisions on arbitration embedded in Part 3, Title 7 ("Arbitration"). Argentina also adheres to international arbitration standards, including the New York Convention (1958) and the UNCITRAL Model Law for resolving both domestic and international disputes.
1. Legal Framework
- Civil and Commercial Code (CCyC, 2015):
- The key legal framework for arbitration in Argentina, incorporating provisions on arbitration agreements, tribunal procedures, and enforcement of awards.
- The 2015 reforms modernized and aligned Argentine arbitration laws with international standards.
- New York Convention (1958):
- Argentina is a signatory, and foreign arbitral awards are recognized and enforceable under the New York Convention.
- UNCITRAL Model Law:
- Argentina’s arbitration law aligns closely with the UNCITRAL Model Law to promote consistency in international arbitration practices.
- Bilateral Investment Treaties (BITs):
- Argentina has entered into numerous BITs, many of which include provisions allowing for arbitration in investor-state disputes.
2. Key Features of Arbitration in Argentina
- Arbitration Agreement:
- Must be in writing and indicate the intent to resolve disputes via arbitration.
- Can be included in contracts or as a separate clause.
- Party Autonomy:
- Parties have the freedom to choose the arbitrators, procedural rules, and applicable law.
- Arbitral Tribunal:
- Can consist of one or more arbitrators, as agreed by the parties.
- If parties fail to agree, the courts or the arbitration institution may appoint arbitrators.
- Judicial Intervention:
- Argentina’s courts provide support in the appointment of arbitrators and enforcement of awards, but judicial intervention is limited during the arbitration process itself.
- Confidentiality:
- Arbitration proceedings are generally confidential, though disclosure requirements may vary based on the parties’ agreements.
3. Enforcement of Arbitral Awards
- Domestic Awards:
- Domestic awards are enforced under the Civil and Commercial Code with limited court interference.
- Foreign Awards:
- Foreign arbitral awards are enforced in Argentina under the New York Convention, subject to limited grounds for refusal, such as public policy violations.
4. Arbitration Institutions in Argentina
- Argentine Association of Arbitration (AAA):
- One of the leading arbitration institutions in Argentina, handling domestic and international arbitration cases.
- Buenos Aires Stock Exchange Arbitration Center (BYMA):
- Provides arbitration services for disputes arising from the financial and securities sectors.
- Ad Hoc Arbitration:
- Parties may opt for ad hoc arbitration, following internationally recognized rules such as UNCITRAL Arbitration Rules.
- International Arbitration Institutions:
- Argentina also accepts cases administered by international arbitration bodies such as the ICC (International Chamber of Commerce) and the LCIA (London Court of International Arbitration).
5. Challenges and Considerations
- Limited Enforcement in Certain Cases:
- While the New York Convention facilitates the enforcement of international awards, local courts may occasionally refuse enforcement based on public policy concerns.
- Cost and Time:
- Arbitration proceedings in Argentina, especially in complex cases, can be lengthy and costly, though reforms have aimed to streamline processes.
- Awareness of Arbitration:
- While arbitration is well-established in commercial disputes, it is still less frequently used in smaller businesses and certain sectors in Argentina compared to litigation.
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