This Country Answer reflects the state of the law as of 31 December 2012. Please refer to the explanations in the chapter entitled Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Argentina.

Explanatory Note: The Argentine Republic (also called 'United Provinces of the River Plate', 'Argentine Confederation', and 'Argentine Nation') is a federal state comprising 23 provinces and the Autonomous City of Buenos Aires.

The Argentine Congress, among other things, passes legislation applicable in all Argentine jurisdictions, and approves treaties and other international commitments. There is also a federal judiciary, which applies rules of procedure enacted by the Argentine Congress.

The political organization of the provinces generally mirrors that of the federal level. Thus, each Argentine jurisdiction has its own legislation on arbitration (a procedural matter) applied by its own judiciary.

In 2001, a national arbitration statute was submitted to Congress, which took no action. In 2012, a new draft Civil and Commercial Code, which includes provisions on arbitration agreements in Arts. 1649(1665, was submitted to Congress.

In this Country Answer, unless otherwise stated: (a) references are to federal (national) legislation and procedures; (b) 'days' mean 'judicial days', i.e. days on which federal courts are open to the public, and (c) 'federal courts' mean courts with federal jurisdiction and national courts in the Autonomous City of Buenos Aires without federal jurisdiction.

(Source: Argentine National Constitution, as amended in 1994, Arts. 5, 31, 35, 75(12), 116, 117, 121 (http://ccycn.congreso.gov.ar).)

2. Date of entry into force of the New York Convention

12 June 1989.

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity?

Argentina made a reciprocity reservation under the New York Convention.

(Source: Law 23.619 of 21 Oct. 1988 published on 4 Nov. 1988.)

(b) commercial relationships?

Argentina made a reservation for commercial relationships when it ratified the New York Convention.

(Source: Law 23.619 of 21 Oct. 1988 published on 4 Nov. 1988.)

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement is sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

The New York Convention applies only to arbitral awards made in the territory of another Contracting State. Arbitral awards rendered in Argentina are deemed to be domestic awards.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) Autonomous City of Buenos Aires and federal courts: Argentine Code of Civil and Commercial Procedure ('CPCCN'), enacted by Law 17.454 of 20 Sept. 1967 (published on 7 Nov. 1967, as restated in Decree 1042/1981 of 18 Aug. 1981, published on 27 Aug. 1981): Arts. 1, 517-519 bis, 737.

(ii) Buenos Aires Province, Code of Civil and Commercial Procedure: Arts. 515(517.

(iii) Catamarca Province, Code of Civil and Commercial Procedure: Arts. 517-519 bis.

(iv) Chaco Province, Code of Civil and Commercial Procedure: Arts. 495-497.

(v) Chubut Province, Code of Civil and Commercial Procedure: Arts. 517-519.

(vi) Córdoba Province, Code of Civil and Commercial Procedure: Arts. 825-827.

(vii) Corrientes Province, Code of Civil and Commercial Procedure: Arts. 517-519.

(viii) Entre Rios Province, Code of Civil and Commercial Procedure: Arts. 503-505 bis.

(ix) Formosa Province, Code of Civil and Commercial Procedure: Arts. 514-516.

(x) Jujuy Province, Code of Civil and Commercial Procedure: Arts. 469(470.

(xi) La Pampa Province, Code of Civil and Commercial Procedure: Arts. 487-490.

(xii) La Rioja Province, Code of Civil Procedure: Arts. 335-337.

(xiii) Mendoza Province, Code of Civil Procedure: Arts. 278-281.

(xiv) Misiones Province, Code of Civil and Commercial Procedure: Arts. 517-519.

(xv) Neuquén Province, Code of Civil and Commercial Procedure: Arts. 517-519.

(xvi) Rio Negro Province, Code of Civil and Commercial Procedure: Arts. 517-519 bis.

(xvii) Salta Province, Code of Civil and Commercial Procedure: Arts. 527-529.

(xviii) San Juan Province, Code of Civil, Commercial and Mining Procedure: Arts. 479(482.

(xix) San Luis Province, Code of Civil and Commercial Procedure: Arts. 517-519.

(xx) Santa Cruz Province, Code of Civil and Commercial Procedure: Art. 495(498.

(xxi) Santa Fe Province, Code of Civil and Commercial Procedure: Arts. 269-271.

(xxii) Santiago del Estero Province, Code of Civil and Commercial Procedures: Arts. 523-525.

(xxiii) Tierra del Fuego, Antarctic and South Atlantic Islands Province, Code of Civil, Commercial, Labour, Rural and Mining Procedure: Art. 452-455.

(xxiv) Tucuman Province, Code of Civil Procedure: 565-569.

C. Limitation periods (time limits)

6. (a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

Yes

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

The general ten (10) year time limit for contractual obligations, which begins on the date on which creditors may exercise their rights, applies to petitions for recognition and enforcement of foreign arbitral awards.

(Source: Civil Code, Art. 4023.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Federal courts in the Autonomous City of Buenos Aires and courts of the province in which the recognition or enforcement is sought.

(Source: CPCCN, Art. 518.)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of the respondent in the jurisdiction, etc.)?

The federal or provincial court has international jurisdiction if the respondent has a residence, domicile, place of business or assets in Argentina.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

There is no initial ex parte phase. Recognition and enforcement are obtained through inter partes proceedings. Courts will make no decision before the defendant is properly summoned.

(Source: CPCCN, Art. 518.)

10. (a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

One, and occasionally two in exceptional circumstances.

Firstly, an appeal against the decision granting or denying enforcement of a foreign award may be filed with the Court of Appeal.

Secondly, a so-called 'extraordinary recourse' may be introduced against the decision of the Court of Appeal. The admissibility of such recourse will be ultimately decided by the Argentine Supreme Court. If the Supreme Court finds the 'extraordinary recourse' admissible, it may stay the enforcement proceedings. If the extraordinary recourse is then admitted, the Supreme Court will not review the findings of fact by the lower court. If it concludes that a different judgment is needed, it will remit the case to a competent lower court for a new decision.

(Sources: Law 48 (1863), Art. 14; CPCCN, Art. 242; Corte Suprema de Justicia de la Nación, Alicia Josefina Lalo v. Jorge Alberto Kohon, Fallos 323:311, 7 Mar. 2000; Cámara Nacional de Apelaciones en lo Civil (plenary), Pérez Aldo Nicolás v. Cisneros Miguel Angel, 3 Sept. 2003.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets?

Execution against assets may be sought five days after judicial notice to the respondent that the court granted enforcement of the award (exequatur).

Provisional enforcement is not available. However, provisional protective measures may be obtained from the courts.

(Source: CPCCN, Art. 244.)

E. Evidence required

12. (a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing the arbitration clause, affidavits, witness statements, etc.)?

The evidence that must be submitted is that required by Art. IV of the New York Convention, i.e. (i) the arbitral award and (ii) the arbitration agreement. The signatures must be authenticated.

(b) Is it necessary to provide the entire document or only certain parts (e.g. the entire contract or only the arbitration clause)?

The entire document must be produced, i.e. the entire award as well as the entire contract containing the arbitration clause.

(c) Are originals or duly certified copies required?

Either the originals or a certified copy of the award and arbitration clause or agreement must be produced. The signatures must be authenticated.

(d) How many originals or duly certified copies are required?

Only one copy is required. Ordinary photocopies must be provided for service to the defendant.

(e) Does the authority or court keep the originals that are filed?

If the original award (rather than a certified copy) has been filed with the court, the court will keep it until it is replaced by a certified copy or the proceedings are closed.

13. (a) Is it necessary to provide a translation of the documents supplied?

Yes. All documents must be translated.

(Source: CPCCN, Arts. 123, 518.)

(b) If yes, into what language?

Spanish.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country), or some other person)?

Translations must be made by a certified translator in Argentina.

(Sources: CPCCN, Arts. 518, 123; Law 20.305 of 1973.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only the part setting forth the decisions; entire contract or only the arbitration clause)?

Translations of the entire documents must be provided, i.e. the entire award as well as the entire contract containing the arbitration clause.

F. Stay of enforcement

14. (a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Article V(1)(e) of the New York Convention?

No reported case in Argentina appears to have addressed this issue. However, in view notably of Art. 5(1)(e) of the New York Convention, Argentine courts have discretion to stay legal proceedings for recognition and enforcement of a foreign award, on a case-by-case basis, pending the outcome of an application to set aside or suspend it before the competent authority of the country in which or under the laws of which the award was made.

(Sources: Argentine Constitution, Arts. 31, 75(22); CPCCN, Arts. 517-519 bis.)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

Forum non conveniens or similar grounds apparently have not so far been used to stay recognition and/or enforcement of foreign arbitral awards. The Insolvency Act provides that in the event of insolvency and reorganization of an Argentine resident, proceedings for enforcement of a foreign award against that resident will be stayed and the debt will be subject to the reorganization plan. Proceedings for recognition of that award will not be stayed.

(Source: Insolvency Law 24.522 of 20 July 1995 (published on 9 Aug. 1995, as amended by Laws 24.760, 25.113, 25.563, 25.589, 26.086 and 26.684), Arts. 21, 132.)

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

No.

G. Confidentiality

15. (a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

All documents filed in legal proceedings for recognition and enforcement must be available to the public. However, if there are good reasons, courts may order temporary restrictions to protect their confidentiality.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

Recognition and enforcement proceedings are written. If there is a hearing, it is open to the public unless there are good reasons for the court to impose restrictions to protect confidentiality.

(Source: CPCCN, Art. 125.)

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business secrets or State secrets)?

Judgments on the recognition and enforcement of foreign arbitral awards are part of public records and may be published. Here again, the court may impose restrictions to protect confidential information, if there are good reasons for doing so.

(Source: CPCCN, Art. 164.)

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

Recognition or enforcement of interim or partial awards, whether domestic or foreign, can be obtained if the award (i) relates to the merits of the dispute, (ii) relates to jurisdiction, or (iii) terminates the arbitral proceedings on procedural grounds.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. an order requiring a party to delivery up share certificates or other property)?

No distinction is made between monetary and non-monetary relief, and both can be enforced.

18. When, if ever, can a party obtain recognition and enforcement of only a part of the relief granted in foreign awards?

Any applicant (whether national or foreign) is permitted to waive a part of any relief or some of the remedies that have been obtained. To the extent that those remedies are interwoven, the respondent's consent may be necessary.

The law instructs courts not to enforce parts of the award that: (i) exceed the scope of the agreement to arbitrate and/or matters submitted thereafter to the arbitrators with the consent of the parties, (ii) decide issues that are not arbitrable, or (iii) violate Argentine international public policy, all of the foregoing on condition that such parts of the award can be separated from the other parts.

(Source: CPCCN, Art. 754.)

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

No reported case in Argentina appears to have addressed this issue. However, in view notably of Art. 5(1)(e) of the New York Convention, any competent Argentine court has discretion to recognize and/or enforce any arbitral award falling under the New York Convention that has been set aside by the competent authorities of the country in which or under the laws of which the award was made, or to rule otherwise.

(Sources: Argentine Constitution, Arts. 31, 75(22); CPCCN, Arts. 517-519 bis.)

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

The initiation of judicial proceedings is in general subject to the upfront payment of a so-called 'justice fee', which in national courts is 3% (three percent) of the amount claimed, recoverable totally or partially from the respondent, depending upon the outcome of the case. As the Supreme Court has ruled (for other purposes) that decisions enforcing awards are of a 'declaratory' nature, it could be argued that the recognition and/or enforcement of foreign awards is not subject to such 3% payment, but apparently there is no reported case addressing this argument.

(Sources: Law 23.898 published 29 Oct. 1990; Corte Suprema de Justicia de la Nación, Reef Exploration Inc. v. Cía. Gral. de Combustibles S.A., 21 Feb. 2006, La Ley 2006-C, p. 429.)

Country Rapporteur:

Sergio Le Pera, María Blanca Noodt Taquela

Other contributors:

Julio C. Córdoba, Maria Ines Sola