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…
Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (Río Santiago Shipyard et al.) (“Respondent”) the…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Argentina continues to be governed by (i) the National…
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…
Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment),…
ARGENTINA Luis E. Dates and Santiago Maqueda A. LEGISLATION AND RULES A. 1 Legislation International arbitration in Argentina…
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…
On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published…
A recent legal framework in the Argentine Republic allows for domestic or international arbitration and dispute boards for…
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…