International Commercial Arbitration at Argentina
International Commercial Arbitration in Argentina – Overview
Argentina has a well-established legal framework for international commercial arbitration, combining modern statutory provisions with adherence to key international treaties. Its arbitration regime is shaped by the Argentine Arbitration Law and international commitments, making it a respected jurisdiction for dispute resolution in Latin America.
1. Legal Framework
The primary statute is Law No. 24,573 (1995), also known as the Argentine Arbitration Law, which incorporates many principles from the UNCITRAL Model Law on International Commercial Arbitration (1985).
Argentina is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, facilitating cross-border enforcement.
The Argentine Civil and Commercial Code also contains provisions relevant to arbitration.
The judiciary supports arbitration with limited intervention, respecting party autonomy.
2. Key Features of Arbitration Law
🔹 Scope
Applies to both domestic and international commercial arbitration.
Arbitration agreements are generally upheld and strictly enforced.
🔹 Arbitration Agreement
Must be in writing.
Can be included in contracts or as separate agreements.
🔹 Arbitral Tribunal
Parties can select arbitrators freely.
Tribunals have authority to determine procedural rules unless parties agree otherwise.
🔹 Court Intervention
Courts have limited supervisory role.
Intervene mainly to support arbitration, e.g., appointment of arbitrators if parties fail, granting interim relief, and enforcement of awards.
🔹 Recognition and Enforcement
Foreign arbitral awards are recognized and enforced under the New York Convention.
Argentine courts generally enforce awards unless procedural defects exist.
3. Institutional Arbitration
Institutional arbitration is commonly used.
The Argentine Chamber of Commerce (Cámara de Comercio de Buenos Aires) is a prominent arbitration institution.
Parties may also choose international institutions like ICC, LCIA, or ICSID.
4. Advantages of Arbitration in Argentina
Arbitration law aligned with international best practices.
Courts generally respect and enforce arbitration agreements and awards.
Flexibility in procedural matters.
Strong tradition of commercial arbitration.
5. Summary Table
| Aspect | Description |
|---|---|
| Governing Law | Law No. 24,573 (1995), Argentine Arbitration Law |
| Arbitration Agreement | Must be in writing, upheld by courts |
| Court Support | Limited, mainly to facilitate arbitration process |
| Enforcement | New York Convention signatory; enforcement generally upheld |
| Arbitration Type | Both institutional and ad hoc arbitration permitted |
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