CHAPTER 1 - Argentina - Interim Measures in International Arbitration
Author(s):
Alfredo L. Rovira
Joaquín Vallebella
Page Count:
22 pages
Media Description:
1 PDF Download
Published:
June, 2014
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Originally from: Interim Measures in International Arbitration
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INTRODUCTION
Argentina is a Federal Republic, which comprises 23 provinces
(political subdivision) and the Autonomous City of Buenos Aires. There
is no national legislation on arbitration. Each jurisdiction has its own
legislation on arbitration applied by its own courts. Arbitration is
considered a procedural matter and, consequently, the legislation
governing arbitration is contained in the respective Code of Civil and
Commercial Procedure of each provincial jurisdiction. In the case of the
Autonomous City of Buenos Aires and federal courts, arbitration is
governed by the Argentine Code of Civil and Commercial Procedure
(“CPCCN”) enacted by Law 17,454 of 20 September 1967 (as restated in
1981). The provisions regarding provisional remedies in arbitration
contained in the CPCCN are similar in nature to those contained in the
Code of Procedure of other provinces. In the foregoing, references will
often be made to provisions of the CPCCN.
Finally, it is also noteworthy that in the foregoing paragraphs
references will also be made to the arbitration rules of the General
Arbitration Tribunal of the Buenos Aires Stock Exchange (“Stock
Exchange”), which is the most used and prominent Permanent
Arbitration Panel often used when resorting to domestic arbitrations in
Argentina although it may also be used for international arbitrations as
well. However, the Arbitration Rules of the Stock Exchange will only
have effect when parties elect to have their arbitration conducted by the
General Arbitration Tribunal.