Alternate Dispute Resolution Law at Argentina
Argentina has a well-established legal framework for Alternative Dispute Resolution (ADR), encompassing arbitration, mediation, and conciliation. This framework is designed to provide efficient, cost-effective, and accessible mechanisms for resolving disputes outside of traditional court proceedings.
⚖️ Arbitration
Arbitration in Argentina is primarily governed by the National Arbitration Law (Law No. 24,573), enacted in 1995. This law aligns with the UNCITRAL Model Law on International Commercial Arbitration, providing a comprehensive legal structure for both domestic and international arbitration. It covers aspects such as the appointment of arbitrators, the conduct of proceedings, and the recognition and enforcement of arbitral awards.
Argentina is also a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which facilitates the international enforceability of arbitral awards.
🧑⚖️ Mediation and Conciliation
Mediation and conciliation are widely utilized in Argentina, particularly in civil and commercial disputes. The Civil and Commercial Code of the Nation (Law No. 26,994), enacted in 2015, incorporates provisions that encourage the use of mediation and conciliation as primary methods for resolving disputes.
The National Directorate of Mediation and Conflict Resolution (DNM), under the Ministry of Justice and Human Rights, plays a pivotal role in promoting and regulating mediation practices across the country. The DNM provides training for mediators, accredits mediation centers, and oversees the implementation of mediation programs.
🏛️ Court-Annexed ADR
In many jurisdictions within Argentina, courts are empowered to refer cases to mediation or conciliation before proceeding with litigation. This approach aims to reduce the caseload of courts and encourage amicable settlements between parties. The Civil and Commercial Code mandates that judges inform parties about the possibility of resolving disputes through ADR and may even suspend proceedings to facilitate such processes.
🌐 International Investment Disputes
Argentina has been involved in several international investment disputes, often resolved through arbitration under bilateral investment treaties (BITs). While arbitration is generally seen as a neutral and effective means of resolving such disputes, there have been instances where Argentina has contested or delayed the enforcement of arbitral awards. These situations have highlighted challenges in the international investment arbitration system, including issues related to the enforcement of awards and the balance of interests between sovereign states and foreign investors .(Financial Times)
🏢 Institutional Support
Various institutions in Argentina support ADR practices:
Argentine Association of Mediation and Conflict Resolution (AAMARC): An organization that promotes the development and professionalization of mediation in Argentina.
Argentine Chamber of Commerce (CAC): Provides arbitration services and has its own arbitration center for resolving commercial disputes.
National Institute of Industrial Property (INPI): Offers mediation services for intellectual property disputes.
In summary, Argentina's legal framework for ADR is robust, offering various mechanisms to resolve disputes efficiently. The country's commitment to ADR is reflected in its legal provisions, institutional support, and participation in international treaties. While challenges exist, particularly in the context of international investment disputes, Argentina continues to engage with the evolving landscape of ADR to enhance access to justice and promote effective dispute resolution.
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