Date of signature | 26 August 1958 |
Date of ratification | 14 March 1989 |
Date of entry into force | 12 June 1989 |
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Argentina |
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Reservations |
Argentina has made two reservations: the reciprocity reservation and commercial reservation. Argentina also made the following declaration: the Convention will be interpreted in accordance with the principles and clauses of the National Constitution in force or those resulting from modification made by virtue of the Constitution. |
Instrument of ratification |
Law No. 23,619 promulgated on 21 October 1988 and published on 4 November 1988 |
National Arbitration Act in force |
Law No. 27.449 (in force since 4 August 2018) regulates International Commercial Arbitration in the entire country. The law applies to international commercial arbitration (“international” and “commercial” being defined terms) with a seat in Argentina. Chapters 2 and 3 of Title II, Chapters 4 and 5 of Title V, and Chapters 1 and 2 of Title IX also apply to any international commercial arbitration irrespective of its seat. Where Law No. 27.449 is applicable, it prevails over other laws on the matter. Third Book, Title IV, Chapter 29 of the National Civil and Commercial Code (Law No. 26.994 in force since 1 August 2015). This law regulates the arbitration agreement and remains applicable in the entire country in cases where Law No. 27.449 is not. The Federal Code of Civil and Commercial Procedure (Law 17,454 as amended) which has specific provisions governing domestic arbitration (Sixth Book, Title I, Sections 736-772) and the enforcement of foreign arbitral awards (Third Book, Title I, Section 519 bis), is applied both by the federal courts throughout the country and by the national courts of the Autonomous City of Buenos Aires. At the provincial level, each of the twenty-three provinces of the country has its own procedural code, where different arbitration matters are regulated, that is applied in its respective territory by its own provincial courts: Buenos Aires (Decree-Law 7,425/68), Catamarca (Law 2,339), Chaco (Law 968), Chubut (Law XIII – No. 5), Córdoba (Law 8,465), Corrientes (Decree-Law 14/2000), Entre Ríos (Law 4,870), Formosa (Decree-Law 424/69), Jujuy (Law 1,967), La Pampa (Law 1,828), La Rioja (Law 1,575), Mendoza (Law 2,269), Misiones (Law 2,335), Neuquén (Law 912), Río Negro (Law 4,142), Salta (Law 5,233), San Juan (Law 7,942), San Luis (Law VI-0150-2004 5606), Santa Cruz (Law 1,418), Santa Fe (Law 5,531), Santiago del Estero (Law 6,910), Tierra del Fuego (Law 147), and Tucumán (Law 6,176). |
Domestic Court with jurisdiction over recognition and enforcement of foreign award |
First Instance Court (following the general domestic rules on jurisdiction) |
Author(s) and Contributor(s) |
Ezequiel H. Vetulli (Freshfields Bruckhaus Deringer LLP) |
Useful links |
Argentinean System of Legal Information: http://www.saij.gob.ar [Available in Spanish] |