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Baker McKenzie International Arbitration Yearbook 2022-2023 – Argentina

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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Argentina continues to be governed by (i) the National Civil and Commercial Code (2015), (ii) the Law on International Commercial Arbitration (2018) and (iii) the New York Convention, to which Argentina is a signatory. No legislative amendments have been made since their enactment. A.2 Institutions, rules and infrastructure Since the end of the COVID-19 pandemic, local arbitration institutions’ proceedings continue with the conduction of both virtual…

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In Argentina

Baker McKenzie International Arbitration Yearbook 2020-2021 – Argentina

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ARGENTINA Luis E. Dates and Santiago Maqueda A. LEGISLATION AND RULES A.1       Legislation International arbitration in Argentina continues to be governed by (i) the National Civil and Commercial Code (2015), (ii) the Law on International Commercial Arbitration (2018), and (iii) the New York Convention, to which Argentina is a signatory party (1988). No legislative amendments have been made since their enactment. A.2       Institutions, Rules and Infrastructure Due to the COVID-19 pandemic, several local arbitration institutions…

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In Argentina

Argentine Supreme Court supports restricted review of arbitral awards

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On November 6, 2018, the Argentine National Supreme Court (“Supreme Court”) ruled on a case regarding the annulment of a domestic arbitration award. The Supreme Court found that the award was not subject to annulment, since it had complied with the requirements of Sections 760 and 761 of the National Procedural Code (“NPC”) and it did not affect public policy. The background of the case refers to a contract executed between the National State (“National…

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In Argentina

U.S. court denies request to vacate award based on alleged partiality of arbitrator and award of lost profits.

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A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a proceeding administered by ICSID under the UNCITRAL rules on the grounds of partiality and an improper damage award. Petitioner, the Republic of Argentina, sued to vacate a $20,957,809 international arbitration award entered in favor of Respondent AWG Group Ltd. (“AWG”). Argentina sought to vacate based on claims that (1) there was evident partiality in an arbitrator who…

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