Observations on Argentine Arbitration - Vol. 6 No. 1 ARIA 1995
María Mercedes Badía-Moro - Associate, Kempster and Lenz-Calvo, Ltd., Chicago, Illinois; J.D. Tulane Law School 1993; Member of the American Bar Association, the Chicago Bar Association, the Latin American Bar Association, and American Immigration Lawyers Association.
Originally from American Review of International Arbitration - ARIA
After a long period of dormancy and neglect in the civil law nations of Latin America, arbitration as an alternative means of dispute resolution appears poised to make a comeback. It was my privilege to serve an internship with a Buenos Aires law firm and directly observe modern arbitration practice in Argentina. It is the objective of this Note to share these observations with others within the international arbitration community. As a point of departure, Argentine arbitration procedure and institutional regulations pursuant to the Argentine National Code on Civil and Commercial Procedure will be introduced. Problems inherent in the established system will then be examined. Finally, reform efforts will be briefly discussed.
All of the Latin American countries recognize and provide for arbitration in their respective civil and commercial procedural codes. However, many experts and practicing attorneys in Latin America believe that a strong tradition of resistance to arbitration and procedural neglect by the academic and doctrinal institutions have failed to nourish the development of arbitration.