Resolving Disputes by Arbitration in Argentina

Previously, settlement of disputes through arbitration in Argentina was regulated solely by procedural codes of specific provinces. After the NCC was enacted, arbitration agreements, whose provisions apply to the territorial units of Argentina, have been regulated by this particular piece of legislation.

Argentina: Arbitration Regulation 

As mentioned above, resolution of all domestic disputes through arbitration is regulated solely by the NCC (a piece of legislation containing a set of rules that apply to specific jurisdictions) & procedural codes of specific provinces. Regulation of international commercial arbitration is done solely on the basis of the ICAA.

Settlement of International Disputes in the Republic of Argentina

There’s been one major development in the area of international arbitration in Argentina in recent years, and more specifically, the adoption of the ICAL Act. Modelled on the UML,this piece of legislation is used as a basis for regulation of all commercial arbitration & applies to commercial disputes where an arbitration site is Argentina.

To qualify for being international, arbitrations are required to meet several important criteria which are contained in the ICAL & modelled on the UML.

Resolving Disputes by Arbitration: Qualification Criteria

As mentioned before, referring a dispute to arbitration requires meeting several important provisions  of the ICAL Act. Pursuant to them, dispute resolution through arbitration in the Republic of Argentina is possible if disagreement between the parties is directly connected to transactions to which they’re participants.

Let’s take a look at the disputes that cannot be resolved by way of arbitration:

• disputes connected to parties’ legal capacity or civic capacity;
• family-related matters;
• disputes having an effect on consumers’ rights;
• accession agreements;
• labor relations.

Basic Principles for Settling Disputes by Arbitration in Argentina

Modelled on the UML, the ICAL contains provisions similar to international arbitration law, as well as guidelines developed by arbitration institutions that enjoy solid reputation around the world. These principles include parties’ independence, special clauses in commercial agreements & principle of equality.

Summing up, two different pieces of legislation are currently used to settle international & domestic disputes in the Republic of Argentina - the ICAL & NCC. In its turn, the country’s legislation regulating international arbitration is modelled on the UML.