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2 Buenos Aires

Alejandro M Garro, Michael Fernández

From: Choice of Venue in International Arbitration

Edited By: Michael Ostrove, Claudia Salomon, Bette Shifman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 01 July 2022

Subject(s):
Arbitral rules — Conduct of proceedings — Good faith — Place of arbitration

This chapter evaluates the merits of Buenos Aires as a venue for international arbitration proceedings. It discusses the history and development of arbitration in Argentina; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that arbitration in Argentina has its pitfalls, especially in light of the negative perception of arbitration brought about by numerous investor complaints against Argentina and the fact that the country continues to operate with an obsolete statutory framework in matters of arbitration in general, with very little attention paid to the singularity of international commercial arbitration. Arbitration law in Argentina fails to embrace a positive approach towards the enforcement of domestic as well as foreign arbitration agreements and arbitral awards.

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