Argentina - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Gonzalo E. Cáceres is a Partner in Baker & McKenzie’s Buenos Aires office, and has served as an arbitrator under the rules of the IACA and the ICC. He is a member of the Commercial and International Relationships Committee of the Buenos Aires Bar Association and for several years, served as an associate professor in commercial law at the School of Law of the University of Buenos Aires.
Santiago L. Capparelli is a Partner in Baker & McKenzie’s Buenos Aires office. He practices litigation, alternative dispute resolution, international and domestic arbitration and has represented parties in ad hoc arbitral proceedings, as well as in proceedings administered by the ICC and local arbitral institutions, such as the Buenos Aires Stock Exchange Market Arbitral Tribunal, the Buenos Aires Grain Market Arbitral Tribunal and the Private Center for Mediation and Arbitration.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
Gonzalo E. Cáceres and Santiago L. Capparelli
A. LEGISLATION, TRENDS AND TENDENCIES
Despite repeated attempts to obtain congressional approval to adopt the UNCITRAL Model Law as the Argentine federal arbitration act, Argentina still does not have federal legislation specifically dealing with arbitration. Instead, the country’s civil procedure codes contain arbitration regulations. Because Argentina is a federal country, each province has its own code of civil procedure that applies within that province. The National Code of Civil and Commercial Procedure (“CPCCN”) applies to the Autonomous City of Buenos Aires (the capital) and in each federal court across the country.3 Because the provincial codes tend to be consistent with the CPCCN as regards to arbitration, this report will only refer to the CPCCN.
Gonzalo E. Cáceres and Santiago L. Capparelli, Buenos Aires
A. Legislation, Trends and Tendencies
A.2 Draft Legislation
B.1 Enforcement and Scope of an Arbitration Agreement
B.2 Autonomy, Scope and Vailidity of the Arbitration Clause
B.3 Annulment of Award for Defects While Constituting the Arbitral Tribunal
C. Public Policy in International Arbitration
C.1 Does Public Policy Affect Arbitrability?
C.2 Public Policy and Enforcement of the Award