Argentina - Enforcement of Money Judgments
Alfredo L. Rovira, Pablo A. Grillo Ciocchini and Mariana A. Miglino, Brons & Salas
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE AFFECTING ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The present attitude of Argentina regarding enforceability of foreign money judgments is to enforce them provided formal requirements imposed by local procedural codes or applicable international treaties are met and public policy principles contemplated in the Argentine legal system are observed.
Note: Argentina has a Federal organization whereby each province and the City of Buenos Aires enact their own procedural rules or codes. Unless otherwise noted herein below, all references to procedural rules are to the National Code of Procedure in force in the Federal District, National Territories and Federal Courts (“Code of Procedure”). The procedural codes of most Provinces are similar.
B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.
Mechanisms for the enforcement of foreign judgments in Argentina vary depending on whether a specific treaty has been entered into with the country where the judgment was rendered.
There is no treaty between Argentina and the United States insofar as this matter is concerned. it is noteworthy that Law 27,449 governing international commercial arbitration stipulates in Art. 102 that an arbiration award, whichever be the country in which it was ruled will be recognized as a binding award upon presentation of a written petition to the competent court and will be enforced.
A relevant case, however, is Textile Banking Company v. Manulana S.A. et al., National Commercial Court of Appeals, Chamber A, November 30, 1966. This case involved the enforcement of two foreign judgments of the State of New York, U.S.A. rendered in favor of the Textile Banking Company of New York against Manulana S.A. and Ezra Teubal (of Buenos Aires). The court ruled that the enforcement of the two foreign money judgments was to be granted, and both Argentine companies were required to pay US $310,380.47 plus interest and costs.