Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Argentina in the 2018-2019 Arbitration Yearbook.
Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition
Arbitration News from Argentina
Protection of foreign investments in Argentina
Overview
Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims...
Baker McKenzie International Arbitration Yearbook 2019-2020 – Argentina
ARGENTINA
Luis E. Dates, Santiago Maqueda and Eugenia Pluchino
A. LEGISLATION AND RULES
A. 1 Legislation
International arbitration in Argentina continues to be governed by (i) the National...
Argentine Supreme Court supports restricted review of arbitral awards
On November 6, 2018, the Argentine National Supreme Court ("Supreme Court") ruled on a case regarding the annulment of a domestic arbitration award. The...
Argentina: New Law on International Commercial Arbitration
On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published in the Official Gazette. Said law...
Argentina: New Legal Framework Allows for International Arbitration and Dispute Boards in Public-Private Partnership...
A recent legal framework in the Argentine Republic allows for domestic or international arbitration and dispute boards for public-private partnerships, and is expected to...
U.S. court denies request to vacate award based on alleged partiality of arbitrator and...
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...
Argentina: First Court Ruling Regarding the Enforcement of ICSID Awards
A PDF version of this article is availabe here.
A. Introduction
1. On August 18, 2015, the chamber A of the Buenos Aires Commercial Court of...
The double requirement that the arbitrator be independent and impartial
INTRODUCTION
1. Several International Tribunals have come to the conclusion that “he requirements of independence and impartiality serve the purpose of protecting the parties against...
Argentina: arbitration legislation, trends and tendencies
Current Legislation
Despite repeated attempts to obtain congressional approval to adopt the UNCITRAL Model Law as the Argentine federal arbitration act, Argentina still...
Venezuela versus the ICSID Convention
Venezuela's withdrawal from the ICSID Convention does not prevent foreign investors from relying on other mechanisms in order to protect their rights.
On 24 January...
Arbitration News from Latin America
Protection of foreign investments in Argentina
Overview
Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims...
COVID-19 pandemic increases force majeure and hardship claims in Brazil
The COVID-19 pandemic increases claims aiming at avoiding or reviewing contractual obligations based on arguments of force majeure and/or hardship. Giuliana Schunk and Joaquim...
How Brazilian arbitral institutions are reacting to the COVID-19 pandemic
The COVID-19 crisis required the Brazilian people to adapt their routine to contain the spread of the virus. The arbitration institutions could not act...
City of São Paulo enacts a law to foster arbitration and mediation
On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to...