International commercial arbitration

When two companies from different countries sign a contract with an arbitration clause and a dispute arises (breach, deliveries, payments, distribution), the conflict is resolved before a neutral arbitral tribunal rather than the courts of one of the parties, resulting in an award enforceable internationally.

The framework of Law 27,449

International Commercial Arbitration Law 27,449, based on the UNCITRAL Model Law, governs arbitration in Argentina when the parties have places of business in different States or the subject matter of the relationship has links with more than one country. It sets rules on the arbitration agreement, the constitution of the tribunal, the procedure and the grounds for setting aside the award.

Its adoption aligned the country with widely used international standards, giving predictability to foreign companies contracting with Argentine counterparts and facilitating the choice of Argentina as the seat.

Recognition and enforcement of awards

The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ratified by Argentina, allows an award rendered in one country to be enforced in other contracting States, with limited grounds for refusal.

We advise both at the stage of negotiating the clause and during the conduct of the arbitration and the subsequent recognition of the award, coordinating with the seat and the jurisdictions where enforcement will be sought.

Common mistakes

• Accepting an arbitration clause without defining seat, language and rules
• Failing to check whether the enforcement country is party to the New York Convention
• Confusing the law governing the merits with the law governing the arbitration
• Underestimating the time and cost of international proceedings
• Omitting a clear designation of the arbitrator-appointment mechanism

Frequently asked questions