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A. LEGISLATION AND RULES A.1 Legislation International arbitration in Argentina continues to be governed by: No legislative amendments have been made since their enactment. In the area of public law arbitration, relevant additions have been made by the “Law of Bases and Starting Points for the Freedom of Argentines” (“Bases Law”), approved on 28 June 2024 by the National Congress and enacted by the Executive Branch on 8 July 2024. The initial project sent by…

Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (RĂ­o Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…

Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment), a qualifying investor would have claims for unlawful expropriation and breach of the FET standard under any applicable investment treaties. A map of those treaties to which Argentina is a party can be seen HERE. The main advantage of being able to pursue such an investment treaty claim would be to avoid having to sue the Argentinian…

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 had been passed by Congress on July 4, 2018 and signed into law by the Executive on July 25, 2018. The LACI, which is based on the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (“UNCITRAL Law”), introduced some changes regarding the Arbitration Contract…