The new Argentinian arbitration law: a train in an unknown direction?
Résumé
After much debate and many failed attempts, Argentina has fortunately adopted a new regulation on arbitration, embodied in the new Federal Civil and Commercial Code. The present work describes and analyses most significant aspects of this regulation. Although, to a great extent, it is in line with most accepted global trends, some of its norms present, at least, certain potential to create practical inconveniences that could substantially affect the use of arbitration as a dispute resolution mechanism in Argentina. In other words, although on the one hand it must be acknowledged that it incorporates important advances in many aspects, on the other hand, it is important to note the concern arising out of the treatment given to certain matters. As to the latter, the present work offers some ideas that should be considered in order to mitigate the negative effects of the new regulation.