Argentina - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Gonzalo Enrique 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 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 General Arbitration Tribunal of the Buenos Aires Stock Exchange, the Arbitral Tribunal of the Buenos Aires Grain Market and the Private Center for Mediation and Arbitration.
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 lacks of a 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 arbitration, this report will only refer to the CPCCN.
A. Legislation, Trends and Tendencies
A.2 Draft Legislation
B.1 Arbitrability I: Scope of Arbitration Agreement
B.2 Arbitrability II: Arbitral Jurisdiction to Decide Constitutional Claims
B.3 Annulment Request Filed against a Jurisdictional Decision
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures