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Arbitration in Argentina


ISBN13: 9789403514208
Published: November 2020
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £173.00



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Arbitration in Argentina is a comprehensive book on arbitration in Argentina. This book provides a detailed summary and in-depth analysis of the historical and contemporary structure of arbitration law and practice in the country, which is based on the UNCITRAL Model Law. The chapters in this book are authored by many of the most regarded Argentine authorities, many of whom are responsible for drafting Argentina’s current arbitration regulation. It is a unique blend of interesting contributions. Although mainly focused in Argentina, the discussions contained in several contributions exceed such geographical boundaries.

What’s in this book:

Throughout its thirty-one chapters, this book delves into an ample number of topics in commercial and investment arbitration, and it includes an exhaustive analysis of arbitration in specific fields (energy, sports, consumers, inter alia). Some of the topics in this book include the following:

  • regulatory framework of arbitration in Argentina
  • arbitration agreements
  • arbitral proceedings and the applicable law
  • issues of arbitrability
  • interim measures
  • costs and financing of arbitrations
  • validity, recognition and enforcement of awards
  • arbitration and the MERCOSUR

The publication also includes some particular studies, such as those related to the tension between investment arbitration and human rights, as well as the country’s relationship with the International Chamber of Commerce (ICC) and the Permanent Court of Arbitration (PCA).

How this will help you:

This pandect is all-inclusive as it not only contains a high level of legal analysis but also intends to furnish a practical approach. Considering that the law and practice of arbitration in Argentina have seen remarkable changes in recent decades, this book is an essential tool for arbitrators, judges, in-house counsels, global law firms, large- and medium-sized companies doing transnational business, interested academics, and international arbitration centres. Since this publication draws from the teachings and experience of leading scholars and practitioners, it will hence prove to be an invaluable guide to arbitration specialists in need of identifying and assessing the different theoretical and practical legal avenues available when working on arbitrations with a seat in Argentina or with an Argentine element.

Subjects:
Other Jurisdictions , Latin America, Arbitration and Alternative Dispute Resolution
Contents:
Foreword
CHAPTER 1. The Legal Framework of Arbitration in Argentina
Alejandro M. Garro
CHAPTER 2. Arbitration Agreements: The Argentine Perspective
Verónica Sandler Obregón
CHAPTER 3. Arbitrability of substantive disputes
María Inés Corrá
CHAPTER 4. Parties to the Arbitration Agreement
Santiago Soria
CHAPTER 5. Composition of the Arbitral Tribunal
Ignacio Javier Minorini Lima & Tomas Ambrosini
CHAPTER 6. Issues of Jurisdiction in Argentina
Fabricio Fortese
CHAPTER 7. The Conduct of the Proceedings
Roque Caivano
CHAPTER 8. Interim Measures in Arbitration under Argentine Law
Gonzalo Garcia Delatour & Fernando Kreser
CHAPTER 9. Confidentiality of Arbitration in Argentina
Florencia Villaggi, Lucila Marchini & Silvia Marroquín
CHAPTER 10. Law Applicable to the Merits
Julio César Rivera Jr.
CHAPTER 11. Arbitral Awards
Julio César Rivera
CHAPTER 12. Costs in Arbitration
Leandro Caputo
CHAPTER 13. Recourse Against Award
Francisco A. Amallo
CHAPTER 14. Recognition and Enforcement of Awards
Jose Martinez de Hoz
CHAPTER 15. Arbitration of Energy Disputes in Argentina
Ricardo A. Ostrower
CHAPTER 16. Sports Arbitration in Argentina
Gustavo A. Abreu
CHAPTER 17. Consumer Arbitration in Argentina
Santiago Perez San Martin
CHAPTER 18. MERCOSUR Arbitration
Adriana Noemi Pucci
CHAPTER 19. ICC Arbitration in Argentina
Juan Pablo Argentato
CHAPTER 20. Argentina and the Permanent Court of Arbitration
Martin Doe Rodriguez & Julian Bordacahar
CHAPTER 21. Investor-State Dispute Settlement in Argentina
Mariana Lozza & Sabrina Ramos
CHAPTER 22. Jurisdiction and Admissibility Questions in Investment Arbitration: The Argentine Experience
Noiana Marigo, Maria Julia Milesi & Ezequiel Vetulli
CHAPTER 23. Discrimination and Arbitrary Governmental Measures According to International Law: The Argentine Cases
Luis Erize
CHAPTER 24. Opening the Umbrella: How the Argentine Economic Crisis Cases Shaped the Modern Umbrella Clause
Ignacio Torterola, Gary J. Shaw & Bethel Kassa
CHAPTER 25. The Most-Favoured-Nation Clause Applied to Establish ICSID Jurisdiction in Argentine Investment Cases
Federico Campolieti
CHAPTER 26. Fair and Equitable Treatment under BITs with Argentina
Jean Paul Dechamps & Pablo Jaroslavsky
CHAPTER 27. Full Protection and Security
Diego Brian Gosis
CHAPTER 28. Human Rights and Foreign Investment Arbitration
Mónica Pinto & José Martín Ryb
CHAPTER 29. The Plea of Necessity in Investment Law: The Legacy of the 2001 Argentine Crisis
Miguel López Forastier & Roy Goldsman
CHAPTER 30. The Rare Breach of an Expropriation Provision - Argentina at ICSID
Veronica Lavista
CHAPTER 31. Annulment, Recognition, and Enforcement of Awards in Investor-State Arbitrations Involving Argentina
Silvia Marchili & Julieta Monteroni
Index