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Arbitration in Argentina by FORTESE

Arbitration in Argentina

Edited by Fabricio Fortese
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Overview

About this book:
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.

Publish Date 11/30/2020
Product Line Kluwer Law International
ISBN 9789403514208
SKU 10072370-0001
Table of Contents

Editors

Contributors

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

Volumes