Volume 35 (2018) / Issue 2
Argentina has been experiencing a long awaited reform of its arbitration legislation. The first step towards modernizing Argentina’s outdated legislation was the inclusion of a chapter relating to the arbitration agreement on a new federal Civil and Commercial Code enacted in 2015. This new legislation did not, however, repeal the existing arbitration provisions of the procedural codes, generating some tension between certain provisions that overlapped providing inconsistent solutions. The new legislation also included some controversial provisions which appear to be at odds with the modernization efforts. During the last year the federal Government promoted a legal reform aim at making the country more arbitration-friendly which address such criticisms and concerns. This article discusses the current legal regime applicable to arbitration in Argentina while addressing the impact that the reform will have if the draft bills that are currently being discussed are adopted.
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