INTERNATIONAL COMMERCIAL ARBITRATION LAW
Act 27449
General Provisions.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
International Commercial Arbitration Law
Title I
General Provisions
Chapter 1
Scope of Application
Article 1 °-This law shall apply to international commercial arbitration, and shall govern it exclusively, without prejudice to any multilateral or bilateral treaty in force in the Argentine Republic.
Article 2-The provisions of this Law, with the exception of Chapters 2 and 3 of Title II, Chapters 4 and 5 of Title V and Chapters 1 and 2 of Title IX, shall apply only if the seat of the arbitration is located in the territory of the Republic of Argentina.
Art. 3 °-An arbitration is international if:
a) The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their establishments in different States; or
(b) One of the following places is situated outside the State in which the parties have their establishments:
I. The place of arbitration, if this has been determined in the arbitration agreement or under the arbitration agreement;
II. The place of compliance with a substantial part of the obligations of the commercial relationship or the place with which the object of the dispute has a closer relationship.
Art. 4 °-For the purposes of Article 3 of this Law:
(a) If any of the parties has more than one (1) establishment, the establishment shall be the one to maintain a closer relationship with the arbitration agreement;
(b) If a party has no establishment, its habitual residence shall be taken into account.
Article 5-This law shall not affect any other Argentine law under which certain disputes are not liable to arbitration or may be subject to arbitration only in accordance with provisions other than those of the present law.
Art. 6 °-For the purposes of Article 1, any legal, contractual or non-contractual relationship of private law or governed by the law of Argentina shall be deemed to be commercial. The interpretation will be broad and in case of doubt, it must be judged that this is a commercial relationship.
Chapter 2
Definitions and rules of interpretation
Article 7-For the purposes of this Law:
(a) "Arbitration" means any arbitration, irrespective of whether or not it is a permanent arbitral institution to exercise it;
(b) "arbitral tribunal" means both a single arbitrator and a plurality of arbitrators;
(c) "Court" means an organ of the judicial system of a country;
(d) Where a provision of this law, except Chapter 1 of Title VII, leaves the parties to the right to decide freely on a matter, that power involves authorizing a third party, including an institution, to adopt such a decision;
(e) Where a provision of this law relates to an agreement which the parties have concluded or which may conclude or where, in any other form, it relates to an agreement between the parties, all the parties shall be understood to be provisions of the arbitration regulation referred to therein;
(f) Where a provision of this law, except Article 75 (a) and Article 91 (a), relates to a claim, it shall also apply to a counterclaim, and where it relates to a defence, it shall also apply to the defence. to that counterclaim;
(g) In the interpretation and integration of this law, account must be taken of its international origin, its special character, the need to promote the uniformity of its application and the observance of good faith. Matters relating to matters governed by this law which are not expressly resolved therein shall be addressed in accordance with the general principles upon which this law is based.
Chapter 3
Receipt of written communications
Article 8 °-Unless otherwise agreed by the parties:
(a) Any written communication which has been personally delivered to the consignee or which has been delivered in his establishment, habitual residence or post office shall be deemed to have been received. In the event that none of these places is found, after a reasonable inquiry, any written communication which has been sent to the last establishment, habitual residence or known postal address of the Member State, shall be deemed to be received. Consignee by registered letter or any other means which is aware of the delivery attempt;
(b) The communication shall be deemed to have been received on the day on which such delivery was made.
Article 9-The parties may agree to make notifications by electronic communications.
Art. 10. The provisions of this Chapter do not apply to communications in proceedings before a court.
Chapter 4
Waiver of the right to object
Art. 11. The party that continues the arbitration shall be deemed to be aware that no provision of this law has been complied with which the parties may depart from or any requirement of the arbitration agreement and does not express their objection within the Twenty (20) days after, you have waived your right to object.
Chapter 5
Scope of the Court's intervention
Art. 12. In matters governed by this law, no court shall intervene except in cases where this law so provides.
Chapter 6
Court for the fulfilment of certain tasks
Art. 13. The judges of the place of the seat of the arbitration are competent for the functions referred to in Articles 24 and 25, which shall be exercised by the judge of first instance with competence in the commercial of the seat of the arbitration. Those referred to in Articles 31, 32, 33, 37 and 99 shall be exercised by the Chamber of Appeals with jurisdiction in the commercial of the seat of arbitration.
Title II
Arbitration Agreement
Chapter 1
Definition and form of the arbitration agreement
Art. 14. The "arbitration agreement" is an agreement whereby the parties decide to submit to arbitration all disputes or certain disputes that have arisen or may arise between them in respect of a given legal, contractual or non-contractual. The arbitration agreement may take the form of an arbitration clause included in a contract or the form of an independent agreement.
Article 15. The arbitration agreement must be entered in writing. The arbitration agreement shall be understood to be written when the content of the arbitration agreement is recorded in any form.
Article 16.-The requirement that an arbitration agreement be recorded in writing shall be fulfilled by electronic communication if the information contained therein is accessible for further consultation.
'Electronic communication' means any communication which the parties make by means of data messages.
'Data message' means information generated, sent, received or archived by electronic, magnetic, optical or similar means, such as, inter alia, electronic data exchange, electronic mail, telegram, the telex or the fax.
Article 17.-In addition to the provisions of Article 16, the arbitration agreement shall be understood to be written when it is entered in an exchange of letters of demand and defence in which the existence of an agreement is affirmed by a party without be denied by the other.
Art. 18. The reference made in a contract to a document containing an arbitration clause constitutes an arbitration agreement in writing, provided that such reference implies that this clause is part of the contract.
Chapter 2
Arbitration and demand agreement as to the fund before a court
Art. 19.-The court to which a dispute is submitted on a matter which is the subject of an arbitration agreement shall refer the parties to the arbitration if any of them so request, at the latest, at the time of filing the first document on the merits of the dispute, unless it is found that the agreement is null, ineffective or impossible to implement.
Article 20.-If the action referred to in Article 19 has been initiated, it may, however, be possible to initiate or pursue the arbitral proceedings and to issue an award as long as the matter is pending before the court.
Chapter 3
Arbitration agreement and adoption of precautionary measures by the court
Article 21.-It shall not be incompatible with an arbitration agreement that a party, either prior to the arbitral proceedings or during its course, requests the adoption of precautionary measures by a court or the court to grant such measures.
Title III
Constitution of the Court of Arbitration
Chapter 1
Number of arbitrators
Art. 22. The parties may freely determine the number of arbitrators. In the absence of such an agreement, the arbitrators shall be three (3).
Chapter 2
Appointment of the arbitrators
Article 23. Unless otherwise agreed by the parties, the nationality of a person shall not be an obstacle to the person acting as an arbitrator.
Article 24.-Without prejudice to Articles 25 and 26, the parties may freely agree on the procedure for the appointment of the arbitrator or the arbitrators.
The clause conferring on a party a privileged position as regards the appointment of the arbitrators is void.
In the absence of such agreement:
(a) In arbitration with three (3) arbitrators, each party shall appoint one (1) arbitrator and the two (2) appointed arbitrators shall appoint the third party; if a party does not appoint the arbitrator within thirty (30) days of receipt of a request from the other party to do so, or if the two (2) arbitrators fail to agree on the third arbitrator within thirty (30) days since their appointment, the designation shall be made, at the request of one of the parties, by the competent court in accordance with Article 13;
(b) In arbitration with a sole arbitrator, if the parties fail to agree on the appointment of the arbitrator, the arbitrator shall be appointed, at the request of either party, by the competent court in accordance with Article 13.
Article 25.-In an appointment procedure agreed by the parties, any of the parties may request the competent court, in accordance with Article 13, to take the necessary measures, unless in the agreement on the appointment of other means to achieve this, if:
(a) a party does not act in accordance with the provisions of that procedure;
(b) the parties, or two (2) arbitrators, cannot agree in accordance with the said procedure;
(c) A third party, including an institution, does not fulfil a function entrusted to it in that procedure.
Article 26. Decisions on the matters referred to in Articles 24 and 25 to the competent court pursuant to Article 13 shall be unappealable. When appointing an arbitrator, the court shall duly take into account the conditions required for an arbitrator by the agreement between the parties and shall take the necessary steps to ensure the appointment of an independent and impartial arbitrator. In the case of a single arbitrator or the third arbitrator, it shall also take into account the desirability of appointing an arbitrator of nationality other than that of the parties.
Chapter 3
Reasons for recusal
Article 27.-The person to whom his or her possible appointment is communicated shall disclose all circumstances which may give rise to justified doubts about his impartiality or independence. The arbitrator, from the time of his appointment and during all arbitral proceedings, shall without delay disclose such circumstances to the parties, unless he has already informed them of them.
Art. 28. An arbitrator may be challenged only if there are circumstances which give rise to justified doubts as to his impartiality or independence, or if he does not possess the qualifications agreed by the parties. A party may only challenge the arbitrator appointed by it, or in whose appointment it has participated, for reasons of which it has become aware after the appointment has been made.
Without prejudice to other cases which may affect the independence or impartiality of the arbitrator, it shall be the grounds for refusal, in the absence of impartiality or independence, without admitting proof to the contrary, the action of the arbitrator or members of the legal study, consultancy or organisation equivalent to that which belongs to that, in another arbitration or judicial process:
a) As a sponsor or representative of one of the parties, regardless of the issue under discussion; or
b) With the same cause or with the same object, as a sponsor or representative of a third party.
If the award is made in the light of the decision of the arbitral tribunal which rejected the challenge and after the proposed challenge has been accepted, it shall be null and void.
Chapter 4
Recusal procedure
Article 29.-Without prejudice to Article 31, the parties may freely agree on the procedure for the recusal of the arbitrators.
Article 30. In the absence of an agreement, the party wishing to challenge an arbitrator shall send to the arbitral tribunal within fifteen (15) days following the day on which it is aware of the constitution of the arbitral tribunal or of any of the circumstances. referred to in Article 28, a document setting out the grounds for the challenge. Unless the challenged arbitrator resigns or the other party agrees to the challenge, it shall be for the arbitral tribunal to decide on it.
Article 31.-If the recusal opened in accordance with the procedure agreed by the parties or in the terms of Article 30 does not prosper, the recusal party may request, within thirty (30) days following receipt of the notification of the decision rejecting the challenge, to the court having jurisdiction under Article 13, which decides on the origin of the challenge, a decision which shall be irrefusable; while that request is pending, the arbitral tribunal, including the arbitrator (a) recusal, may continue the arbitral proceedings and make an award.
Chapter 5
Failure or inability to exercise the functions
Art. 32. Where an arbitrator is prevented, de jure or de facto, in the performance of his or her duties or for other reasons, does not exercise them within a reasonable period of time, he shall cease to be in office if he resigns or if the parties agree to his removal. Otherwise, if there is a disagreement over any of those grounds, either party may request the competent court under Article 13 to decide that the mandate shall be terminated, which shall be inadmissible.
Article 33.-If, in accordance with the provisions of this Chapter or in Article 30, an arbitrator resigns from his or her post or one of the parties accepts the termination of the mandate of an arbitrator, this shall not be deemed to be an acceptance of the origin of any arbitrator. of the grounds referred to in this Chapter or in Article 28.
Chapter 6
Appointment of a substitute referee
Art. 34. When an arbitrator ceases to be in office under Chapters 4 or 5 of this Title, or in cases of resignation for any other reason or removal by agreement of the parties or expiration of his or her term of office, by any other cause, the appointment of a replacement shall be made in accordance with the same procedure as the arbitrator to be replaced.
Title IV
Jurisdiction of the Court of Arbitration
Chapter 1
Power of the arbitral tribunal to decide on its jurisdiction
Article 35. The arbitral tribunal shall have the power to decide on its own jurisdiction, including on the exceptions relating to the existence or validity of the arbitration agreement.
To this end, an arbitration clause forming part of a contract shall be regarded as an independent agreement of the other stipulations of the contract.
The decision of the arbitral tribunal that the contract is void shall not entail the nullity of the arbitration clause.
Art. 36. The plea of incompetence of the arbitral tribunal shall be opposed at the latest at the time of the submission of the defence. The parties shall not be prevented from opposing the derogation by the fact that they have appointed an arbitrator or participated in their appointment.
The exception based on the fact that the arbitral tribunal has exceeded its mandate must be opposed as soon as the matter is raised during the arbitral proceedings.
The arbitral tribunal may, in either case, estimate an exception submitted later if it considers the delay to be justified.
Article 37. The arbitral tribunal may decide on the exceptions referred to in Article 36 as a preliminary question or in an award on the merits.
If, as a preliminary matter, the arbitral tribunal declares itself competent, either party, within thirty (30) days following receipt of the notification of that decision, may request the competent court in accordance with Article 13. resolve the matter, and the decision of this court will be unfeasible; pending such a request, the arbitral tribunal may continue its proceedings and make an award.
Title V
Precautionary Measures and Preliminary Orders
Chapter 1
Precautionary measures
Section 1
Faculty of the arbitral tribunal to grant precautionary measures
Art. 38. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of one of them, grant precautionary measures.
Art. 39. "Precautionary measure" shall mean any temporary measure, granted in the form or not of a award, whereby, at any time prior to the award of the award for which the dispute is definitively settled, the arbitral tribunal shall order one of the the parts which:
a) Keep or restore the status quo pending the dispute;
(b) Adopt measures to prevent any current or imminent damage or prejudice to the arbitral proceedings, or to refrain from carrying out certain acts likely to cause such harm or prejudice to the arbitral proceedings;
(c) Provide any means to preserve goods which permit the execution of any subsequent award; or
d) Preserve elements of evidence that may be relevant and relevant for resolving the dispute.
Section 2
Conditions for the granting of precautionary measures
Article 40.-The applicant for any precautionary measure provided for in points (a), (b) or (c) of Article 39 shall convince the arbitral tribunal:
(a) If the precautionary measure is not to be granted, it is likely that there will be some damage, which is not adequately compensated by compensation, which is significantly more serious than the part affected by the measure, if it is granted; and
(b) that there is a reasonable possibility that their claim on the merits of the dispute will prosper. The determination of the arbitral tribunal in respect of that possibility shall in no way prejudice any subsequent determination to which that court may reach.
Article 41.-As regards the application for a precautionary measure submitted in accordance with Article 39 (d), the conditions set out in Article 40 (a) and (b) shall apply only in so far as the arbitral tribunal so requests. Consider appropriate.
Chapter 2
Preliminary orders
Section 1
Request for a preliminary order and conditions for granting
Art. 42. Unless otherwise agreed by the parties, any party, without giving notice to any other party, may request a precautionary measure and request a preliminary injunction from the arbitral tribunal to order a party not to frustrate the purpose of the precautionary measure requested.
Art. 43.-The arbitral tribunal may issue a preliminary injunction whenever it considers that the prior notification of the application for a precautionary measure to the party against which such a measure is directed carries the risk of the measure being thwarted requested.
Art. 44. The conditions laid down in Articles 40 and 41 shall apply to any preliminary order, where the damage to be assessed under Article 40 (a) is the damage likely to result from the order being issued or not.
Section 2
Specific arrangements for preliminary orders
Art. 45.-Immediately after having spoken on the provenance of a request for a preliminary injunction, the arbitral tribunal shall notify all parties of the application submitted for a precautionary measure, the request for a preliminary injunction, the a preliminary order, if granted, as well as all communications in this respect, including the constancy of the content of any verbal communication, between any of the parties and the arbitral tribunal in relation to it.
Art. 46. At the same time, the arbitral tribunal shall give, to the party against which the preliminary order is directed, the opportunity to assert its rights as soon as possible.
Art. 47. The arbitral tribunal shall act without delay on any objection filed against the preliminary order.
Art. 48. The preliminary order shall expire at twenty (20) days from the date on which the arbitral tribunal has issued it. However, the arbitral tribunal may grant a precautionary measure for which it ratifies or amends the preliminary order once the party against which the preliminary order was directed has been notified and has had the opportunity to assert their rights.
Article 49.-The preliminary order will be binding on the parties, but it will not be in itself the object of judicial execution. Such preliminary order shall not constitute an award.
Chapter 3
Provisions applicable to precautionary measures and preliminary orders
Section 1
Amendment, suspension and revocation
Article 50. The arbitral tribunal may amend, suspend or revoke any precautionary measure or preliminary order it has granted, either at the request of one of the parties or, in exceptional circumstances, on its own initiative, after notification to the parties. parts.
Section 2
Requirement of a guarantee by the arbitral tribunal
Article 51-The arbitral tribunal may require the applicant for a precautionary measure to provide an adequate guarantee in respect of the measure.
Art. 52. The arbitral tribunal shall require the petitioner of a preliminary order to provide a guarantee in respect of the order, unless such court considers it inappropriate or unnecessary.
Section 3
Communication of information
Art. 53. The arbitral tribunal may require any of the parties to make known without delay any important change in the circumstances that led to the request or award of the measure.
Art. 54. The petitioner of a preliminary order shall disclose to the arbitral tribunal any circumstances that may be relevant to the decision that the arbitral tribunal is to take on whether to grant or maintain the order, and shall continue to be forced to do so while the party against which the order has been ordered has not had the opportunity to assert its rights. Article 53 shall apply from that date.
Section 4
Costs and damages
Article 55. The applicant for a precautionary measure or the petitioner of a preliminary order shall be responsible for the costs and damages that such a measure or order causes to any party, provided that the arbitral tribunal determines the to lift the measure or subsequently that, in the circumstances of the case, the measure or order should not have been requested. The arbitral tribunal may at any time condemn the proceedings against the payment of the costs and the damages.
Chapter 4
Recognition and enforcement of precautionary measures
Section 1
Recognition and enforcement
Art. 56. Any precautionary measure ordered by an arbitral tribunal shall be recognised as binding and, unless otherwise provided by the arbitral tribunal, shall be enforced upon application of such enforcement before the competent court, whatever the State may be. where it has been ordered, and subject to the provisions of Section 2 of this Chapter.
Art. 57. The party requesting or obtaining the recognition or enforcement of a precautionary measure shall inform the court without delay of any revocation, suspension or modification that is ordered of such measure.
Article 58-The court before which the recognition or enforcement of a precautionary measure is sought may, if it considers it appropriate, require the applicant to provide an adequate guarantee, where the arbitral tribunal has not acted even on such a guarantee or where such security is necessary to protect the rights of third parties.
Section 2
Grounds for refusing recognition or enforcement
Art. 59. The recognition or enforcement of a precautionary measure may be refused only:
(a) If, when acting at the request of the party concerned by the measure, the court is aware that:
I. Such refusal is justified by any of the grounds set out in Article 104 (1), (II), (III) or (IV) of Article 104 (a); or
II. The decision of the arbitral tribunal on the provision of the guarantee corresponding to the precautionary measure granted by the arbitral tribunal has not been complied with; or
III. The precautionary measure has been revoked or suspended by the arbitral tribunal or, in the event that it has the right to do so, by a court of the State where the arbitration procedure is dealt with or under whose right such a measure was granted; or
b) If the court resolves that:
I. The precautionary measure is incompatible with the powers conferred on it, unless the court decides to reformulate the measure in order to bring it into line with its own powers and procedures for the purposes of implementing it without modifying its content; or which
II. Any of the grounds for refusal set out in points (I) or (ii) of Article 104 (b) is applicable to the recognition or enforcement of the precautionary measure.
Art. 60. Any determination to which the court reaches in respect of any reason set out in Article 59 shall be applicable only for the purposes of the application for recognition and enforcement of the precautionary measure.
The court to which recognition or enforcement is sought may not, in the exercise of that task, undertake a review of the content of the precautionary measure.
Chapter 5
Precautionary measures handed down by the court
Article 61-The court will enjoy the same jurisdiction to issue injunctions to the service of arbitral proceedings, regardless of whether or not they are substantiated in the country of their jurisdiction, which the court enjoys in the service of actions. legal.
The court shall exercise that jurisdiction in accordance with its own procedures and taking into account the distinctive features of international arbitration.
Title VI
Substantiation of the Arbitral Proceedings
Chapter 1
Equal treatment of the parties
Article 62-The parties must be treated equally and each of them is given full opportunity to assert their rights.
Chapter 2
Determination of the procedure
Art. 63.-Subject to the provisions of this law, the parties shall be free to agree on the procedure to be followed by the arbitral tribunal in its proceedings.
Art. 64. In the absence of agreement, the arbitral tribunal may, subject to the provisions of this law, direct the arbitration in the manner it deems appropriate. This power conferred on the arbitral tribunal includes that of determining the admissibility, relevance and value of the evidence.
Chapter 3
Seat of arbitration
Article 65. The parties may freely determine the seat of the arbitration. In the event of no agreement on the matter, the arbitral tribunal shall determine the seat of the arbitration, attended to the circumstances of the case, including the conveniences of the parties.
Art. 66. Without prejudice to Article 65, the arbitral tribunal may, unless otherwise agreed by the parties, meet in any place it deems appropriate to hold deliberations among its members, in order to hear the witnesses, experts or parties, or to examine goods or other goods or documents.
Chapter 4
Initiation of the arbitral proceedings
Art. 67. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a given dispute shall be initiated on the date on which the defendant has received the request to submit that dispute to arbitration.
Chapter 5
Language
Art. 68. The parties may freely agree on the language or languages to be used in the arbitral proceedings.
In the absence of such an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings.
This agreement or this determination shall be applicable, unless otherwise specified in them, to all the parties ' writings, to all hearings and to any award, decision or other communication issued by the court. Arbitration.
Art. 69. The arbitral tribunal may order that any documentary evidence be accompanied by a translation into the language or languages agreed by the parties or determined by the arbitral tribunal.
Chapter 6
Demand and defence
Art. 70. Within the time limit agreed by the parties or determined by the arbitral tribunal, the plaintiff must plead the facts on which the application is based, the points at issue and the subject matter of the application, and the defendant must reply to the (a) to the extent to which the parties have agreed otherwise on the elements which the application and the defence must necessarily contain.
The parties may provide, in making their claims, all documents they consider relevant or refer to the documents or other evidence to be presented.
Art. 71. Unless otherwise agreed by the parties, in the course of the arbitral proceedings either party may modify or extend its claim or defence, unless the arbitral tribunal considers that such alteration to be inappropriate. the delay with which it has been made.
Chapter 7
Hearings and written action
Art. 72. Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether hearings shall be held for the submission of evidence or for oral pleadings, or whether the proceedings shall be conducted on the basis of documents and other evidence. However, unless the parties have agreed that no hearings would be held, the arbitral tribunal shall hold such hearings at the appropriate stage of the proceedings, at the request of one of the parties.
Art. 73. The parties shall be notified in sufficient time to hold hearings and meetings of the arbitral tribunal to examine goods or other goods or documents.
Art. 74.-Of all the declarations, documents or other information which one of the parties provides to the arbitral tribunal shall be transferred to the other party. The expert opinion or evidence in which the arbitral tribunal may be based upon taking its decision shall also be made available to both parties.
Chapter 8
Rebellion of one of the parties
Article 75.-Unless otherwise agreed by the parties, where, without invoking sufficient cause:
(a) The claimant shall not present his application in accordance with Article 70, the arbitral tribunal shall terminate the proceedings;
(b) The defendant does not submit his answer in accordance with Article 70, the arbitral tribunal shall continue the proceedings, without such omission being considered by itself to be an acceptance of the applicant's claims;
(c) One of the parties does not appear to be in a hearing or documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the basis of the evidence available to it.
Chapter 9
Appointment of experts by the arbitral tribunal
Art. 76. Unless otherwise agreed by the parties, the arbitral tribunal may:
(a) Appoint one or more experts to inform him about specific matters to be determined by the arbitral tribunal;
(b) to request any of the parties to provide the expert with the relevant information or to submit documents, goods or other relevant goods to the expert or provide access to them.
Art. 77. Unless otherwise agreed by the parties, when a party so requests or when the arbitral tribunal considers it necessary, the expert shall, after the submission of his written or oral opinion, participate in a hearing in which the parties The parties will have the opportunity to ask questions and to present experts to report on the controversial points.
Chapter 10
Assistance from the courts for the practice of testing
Art. 78. The arbitral tribunal or any of the parties with the approval of the arbitral tribunal may request the assistance of a competent court of the Republic of Argentina for the testing. The court may take such a request within the scope of its jurisdiction and in accordance with the rules applicable to it on the means of proof.
Title VII
Statement of the Laudo and Termination of the Current
Chapter 1
Rules applicable to the substance of the dispute
Art. 79. The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute. Any indication of the right or legal order of a given State shall be understood to refer, unless otherwise expressed, to the substantive law of that State and not to its rules of conflict of laws.
Art. 80. If the parties do not indicate the applicable law, the arbitral tribunal shall apply the rules of law that it deems appropriate.
Art. 81. The arbitral tribunal shall decide ex aequo et bono or as a friendly component only if the parties have expressly authorized it to do so.
Art. 82. In all cases, the arbitral tribunal shall decide in accordance with the provisions of the contract and shall take into account the commercial uses.
Chapter 2
Decision making when there is more than one referee
Art. 83. In the arbitral proceedings in which there is more than one (1) arbitrator, any decision of the arbitral tribunal shall be taken, unless otherwise agreed by the parties, by a majority of the votes of all the members. However, the presiding arbitrator may decide on procedural matters, if so authorized by the parties or all members of the court.
Chapter 3
Transaction
Article 84.-If, during the arbitral proceedings, the parties reach a settlement which resolves the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by both parties and the arbitral tribunal does not object, shall state the a compromise in the form of an arbitration award on the terms agreed by the parties.
Art. 85. The award in the agreed terms shall be made in accordance with the provisions of Chapter 4 of this Title, and shall state that it is an award. It has the same nature and effect as any other award given on the substance of the dispute.
Chapter 4
Form and content of the award
Art. 86. The award shall be made in writing and shall be signed by the arbitrator or the arbitrators. In arbitral proceedings with more than one (1) arbitrator, the signatures of the majority of the members of the arbitral tribunal shall suffice, provided that the reasons for the absence of one (1) or more signatures are recorded.
Art. 87. The award of the arbitral tribunal shall be reasoned, unless it is an award given in the terms agreed by the parties under Chapter 3 of this Title.
Art. 88.-The date on which it has been issued and the seat of the arbitration determined in accordance with Article 65 shall be found in the award. The award shall be deemed to have been made at that place.
Art. 89.-After the award is made, the court shall notify each of the parties by way of delivery of a copy, signed by the arbitrators in accordance with Article 86.
Chapter 5
Termination of the proceedings
Art. 90. The arbitral proceedings shall end with the final award or by an order of the arbitral tribunal rendered in accordance with Article 91.
Art. 91. The arbitral tribunal shall order the termination of the arbitral proceedings when:
(a) The claimant withdraws his claim, unless the defendant objects to it and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute;
(b) the parties agree to terminate the proceedings;
(c) The arbitral tribunal finds that the continuation of the proceedings would be unnecessary or impossible.
Art. 92. The arbitral tribunal shall cease its duties at the end of the arbitral proceedings, except as provided for in Chapter 6 of this Title and in Article 101.
Chapter 6
Correction and interpretation of the award and additional award
Art. 93. Within thirty (30) days following receipt of the award, unless the parties have agreed to another period, either party may, with notification to the other, ask the arbitral tribunal to correct any errors in the award. calculation, copy or typographical or any other error of a similar nature.
If the parties so agree and within the same period of time, either party may, with notification to the other, ask the arbitral tribunal to give an interpretation of a point or a particular part of the award. If the arbitral tribunal considers the requirement to be justified, it shall make the correction or give the interpretation within thirty (30) days of receipt of the request. The interpretation will be part of the award.
Art. 94. The arbitral tribunal may correct any error of the kind referred to in the first paragraph of Article 93 by its own initiative within thirty (30) days after the date of the award.
Article 95. Unless otherwise agreed by the parties, within thirty (30) days of receipt of the award, any of them, with notification to the other, may ask the arbitral tribunal to give an additional award in respect of the award. complaints made in the arbitral proceedings, but omitted from the award. If the arbitral tribunal considers the requirement to be justified, it shall give the additional award within sixty (60) days.
Art. 96. The arbitral tribunal may, if necessary, extend the period within which it shall make a correction, give an interpretation or give an additional award in accordance with Articles 93 or 95.
Art. 97. The provisions of Chapter 4 of this Title shall apply to corrections or interpretations of the award or to the additional awards.
Title VIII
Impeachment of the Laudo
Chapter 1
Request for invalidity
Art. 98. An arbitral award may be brought before a court only by a request for a declaration of invalidity in accordance with Articles 99 and 100.
Art. 99. The arbitral award may be annulled only by the court referred to in Article 13 when:
(a) The party that makes the request is proof:
I. That one of the parties to the arbitration agreement referred to in Article 14 was affected by an inability or restriction on capacity, or that such an agreement is not valid under the law to which the parties have submitted it, or if nothing is has indicated in this respect, under the law of Argentina; or
II. That it has not been duly notified of the appointment of an arbitrator or of the arbitral proceedings or has not, for any other reason, been able to assert its rights; or
III. That the award refers to a dispute not provided for in the arbitration agreement or contains decisions that exceed the terms of the arbitration agreement; however, if the provisions of the award relating to the matters submitted to the arbitration they may be separated from those which are not, only the latter may be cancelled; or
IV. That the constitution of the arbitral tribunal or the arbitral proceedings have not been brought into conformity with the agreement between the parties, unless such agreement is in conflict with a provision of this law to which the parties may not depart or, in the absence of that agreement, which have not been adjusted to this law; or
(b) The court finds:
I. That, under the law of Argentina, the object of the dispute is not liable to arbitration; or
II. That the award is contrary to the Argentine public order.
Art. 100.-The request for invalidity shall be made within thirty (30) days from the date of receipt of the award or, if the request has been made in accordance with Chapter 6 of Title VII of this Law, from the date on which that request has been settled by the arbitral tribunal.
Art. 101.-The court, when asked for the annulment of an award, may suspend proceedings for annulment, where appropriate and at the request of one of the parties, for a period to be determined in order to give the arbitral tribunal the opportunity to resume the arbitral proceedings or to take any other measure which, in the judgment of the arbitral tribunal, removes the grounds for the application for a declaration of invalidity.
Title IX
Recognition and Enforcement of the Lauds
Chapter 1
Recognition and enforcement
Art. 102. An arbitral award, whatever the country in which it has been issued, shall be recognised as binding and, upon submission of a written request to the competent court, shall be executed in accordance with the provisions of this Chapter 2 of Chapter 2 of this Title.
Art. 103. The party that invokes an award or requests its execution shall submit the original award or a duly certified copy thereof. If the award is not written in Spanish, the court may request the party to submit a translation of the award to that language.
Chapter 2
Grounds for refusing recognition or enforcement
Art. 104. Only the recognition or enforcement of an arbitral award may be refused, irrespective of the country in which the award was made:
(a) At the request of the party against which it is invoked, where that party proves before the competent court of the country in which recognition or enforcement is sought:
I. That one of the parties to the arbitration agreement referred to in Article 14 was affected by an inability or restriction on capacity, or that such an agreement is not valid under the law to which the parties have submitted it, or if nothing is has indicated in this regard, pursuant to the law of the country in which the award was made; or
II. That the party against whom the award is invoked has not been duly notified of the appointment of an arbitrator or of the arbitral proceedings or has not, for any other reason, been able to assert its rights; or
III. That the award refers to a dispute not provided for in the arbitration agreement or contains decisions that exceed the terms of the arbitration agreement; however, if the provisions of the award relating to the matters submitted to the arbitration they may be separated from those which are not, recognition and enforcement may be given to the former; or
IV. That the constitution of the arbitral tribunal or the arbitral proceedings have not been adjusted to the agreement concluded between the parties or, in the absence of such an agreement, that they have not been adjusted to the law of the country where the arbitration was made; or
V. That the award is not yet mandatory for the parties or has been annulled or suspended by a court of the country in which, or under whose right, that award has been given; or
(b) Where the court finds:
I. That, under the law of Argentina, the object of the dispute is not liable to arbitration; or
II. That the recognition or execution of the award would be contrary to the Argentine international public order.
Art. 105.-If a court of the provisions of Article 104 (V) (a) has been asked for the annulment or suspension of the award, the court to which the recognition or enforcement is sought may, if it considers it appropriate, postpone its the decision and, at the request of the party requesting recognition or enforcement of the award, also order the other party to give appropriate guarantees.
Chapter 3
Rule of Interpretation of paragraph (2) of Article II of the New York Convention of 10 June 1958.
Art. 106.-Paragraph (2) of Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Judgments, made in New York on June 10, 1958, approved by Law 23,619, shall be interpreted and applied considering that the circumstances described there are not exhaustive.
Title X
Other Provisions
Art. 107.-Derogase article 519a of the Civil and Commercial Code of the Nation.
The provisions of Chapter 1 of Title I of this Law shall not preclude the application of Article 2605 of the Civil and Commercial Code of the Nation.
Art. 108.-The time limits laid down in this law are computed for days running, unless otherwise stated. Where the expiry of a period laid down in this law is due on an indeft day, the period shall be deemed to be extended until the following working day.
Art. 109.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 04 JULY 2018.
-REGISTERED UNDER NO 27449-
MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi
e. 26/07/2018 N ° 54080/18 v. 26/07/2018