Commercial arbitration in Argentina: Law 27.449, the Civil and Commercial Code and enforcing awards

Key rules

1. Which regime applies: international vs domestic

• Definition of "international" (Law 27.449 art. 3). An arbitration is international if (a) the parties have their places of business in different States when they sign the arbitration agreement; or (b) one of the following is outside the State where the parties have their places of business: (I) the seat, if fixed in or under the agreement; or (II) the place where a substantial part of the obligations is to be performed, or the place with which the subject matter is most closely connected. Art. 4 handles multiple places of business (the one most closely connected to the arbitration agreement) and parties without one (habitual residence).
• Note on Model Law art. 1(3)(c): the Model Law's "opt in" limb lets parties simply agree that the subject matter relates to more than one country. It is not reproduced in art. 3. Two Argentine companies cannot make their dispute international just by saying so. They need a genuine foreign element under art. 3(b), for example a seat abroad (see "Practical traps").
• "Commercial" (art. 6) means any private law relationship, contractual or not, or one governed predominantly by private law under Argentine law. It is to be interpreted broadly, and in case of doubt the relationship is deemed commercial.
• Territorial scope (art. 2). The law applies only if the seat is in Argentina, except for: Title II chapters 2 and 3 (referral to arbitration by courts, and court interim measures); Title V chapters 4 and 5 (enforcement of interim measures and court interim measures); and Title IX chapters 1 and 2 (recognition and enforcement of awards). Those apply whatever the seat.
• Other laws on arbitrability survive (art. 5): Law 27.449 does not override laws that make certain disputes non arbitrable or arbitrable only under special rules.
• Interaction with the CCyC choice of forum rule (art. 107, second paragraph): Title I chapter 1 of Law 27.449 does not prevent application of CCyC art. 2605. That article allows parties in international patrimonial matters to submit to judges or arbitrators outside Argentina, unless Argentine courts have exclusive jurisdiction or the prorogation is prohibited by law. Exclusive jurisdiction under CCyC art. 2609 covers rights in rem over Argentine real estate, the validity of entries in Argentine public registries, and the registration or validity of patents, trademarks and similar registered rights filed in Argentina.
• Domestic arbitration falls under CCyC arts. 1649 to 1665 and the local procedural code (in the national courts, CPCCN arts. 736 to 773).

2. The arbitration agreement

Court referral. A court seised of a matter covered by an arbitration agreement must refer the parties to arbitration if a party asks, at the latest when it files its first submission on the merits, unless the agreement is null and void, inoperative or incapable of being performed (Law 27.449 art. 19; New York Convention art. II(3)). The arbitration can begin or continue while the court question is pending (art. 20). For domestic cases, CCyC art. 1656 says the agreement excludes court jurisdiction, "except that the arbitral tribunal is not yet hearing the dispute and the agreement appears to be manifestly null or inapplicable". It adds: "in case of doubt, the greatest effectiveness of the arbitration contract is to be preferred".

3. Arbitrability: what cannot go to arbitration

International cases: the CCyC art. 1651 list is in the domestic chapter. Whether its exclusions (especially adhesion contracts) also bind international arbitration under Law 27.449 is not settled by the texts. Art. 1 of Law 27.449 says it governs international commercial arbitration "exclusively". But art. 5 preserves "any other Argentine law" that makes disputes non arbitrable, and arts. 99(b)(I) and 104(b)(I) refer to arbitrability "according to Argentine law". Treat the point as open (unconfirmed).

4. Arbitrators: appointment, disclosure and challenge

• Nationality is no bar unless agreed otherwise (Law 27.449 art. 23). When a court appoints a sole or presiding arbitrator it must consider appointing someone of a nationality different from the parties' (art. 26).
• Default appointment (art. 24): each party appoints one arbitrator and the two appoint the third. If a party fails to appoint within 30 days of a request, or the two arbitrators cannot agree within 30 days of their appointment, the competent court appoints. Under art. 13 that is the first instance commercial judge of the seat. The court's decision cannot be appealed (art. 26). The CCyC mirrors this but gives the power first to the administering institution, and the court acts only by default (art. 1659).
• Disclosure duty (art. 27; CCyC art. 1662(a)).
• Bright line conflict rule specific to Argentina (art. 28, second paragraph). It is conclusively presumed that an arbitrator lacks impartiality if the arbitrator, or members of the law firm, consultancy or similar organisation the arbitrator belongs to, act in another arbitration or court case either (a) as counsel or representative of one of the parties, whatever the subject matter, or (b) as counsel or representative of a third party in a case with the same cause or object. This is stricter than the Model Law and the IBA Guidelines. It catches large firm conflicts that would be waivable elsewhere. An award issued while a challenge to the tribunal's rejection of a recusal was pending is null if the challenge is later upheld (art. 28, last paragraph).
• Challenge procedure (arts. 29 to 31): unless otherwise agreed, a party has 15 days from learning of the constitution of the tribunal or the grounds to file with the tribunal. If rejected, it has 30 days to ask the Commercial Court of Appeals of the seat (art. 13), whose decision is final. The tribunal may continue meanwhile.
• Waiver: a party that continues without objecting within 20 days to a known breach of a non mandatory rule waives the objection (art. 11).
• Domestic: arbitrators may be challenged on the same grounds as judges under the law of the seat; the institution or, by default, the court decides (CCyC art. 1663). The CPCCN procedure gives 5 days from learning of the appointment, and the judge's decision is final (CPCCN art. 747). National court judges and judicial officers may not act as arbitrators, on pain of nullity, unless the Nation or a province is a party (CPCCN art. 765).
• Fees: parties and arbitrators may agree fees. Otherwise, in domestic cases, the court fixes them under local rules for lawyers' out of court work (CCyC art. 1664). In the national jurisdiction the fee law caps arbitrators', mediators', amiable compositors' and arbitral experts' fees at 15% of the amount in dispute (Law 27.423 art. 32(d)).

5. Interim measures

• From the tribunal (international): unless otherwise agreed, the tribunal may grant interim measures (Law 27.449 art. 38). Types: preserve the status quo, prevent harm, preserve assets, preserve evidence (art. 39). Test: harm not adequately repairable by damages that substantially outweighs the harm to the other side, plus a reasonable possibility of success (art. 40). The tribunal may require security (art. 51). The applicant is liable for costs and damages if the measure should not have been sought (art. 55).
• Preliminary orders without notice (arts. 42 to 49) expire after 20 days (art. 48). They bind the parties but are not enforceable in court and are not awards (art. 49).
• Court enforcement of tribunal measures: binding and enforceable on application to the competent court, whatever the country where ordered (art. 56). Refusal only on the limited grounds of art. 59.
• From the courts: asking a court for interim measures is compatible with the arbitration agreement (art. 21). Argentine courts have the same power in aid of arbitration, whether seated in Argentina or abroad, as in aid of court proceedings (art. 61). For domestic cases, CCyC art. 1655 gives tribunals power to grant measures (with possible security). Execution must be through the courts, and parties may go to court directly without waiving arbitration. Tribunal measures can be challenged in court if they violate constitutional rights or are unreasonable (art. 1655, last paragraph). CPCCN art. 753 adds that arbitrators cannot order compulsory or enforcement measures and must request them from the judge.
• Useful CPCCN tools (national courts): measures may be requested before the claim (art. 195). Security (contracautela) is required and graded by the court according to how strong the right appears (art. 199). A measure obtained before proceedings lapses automatically if the claim (or mandatory mediation) is not started within 10 days of its execution (art. 207). Whether this 10 day rule is satisfied by starting an arbitration rather than a court claim is not expressly addressed (unconfirmed). Preventive attachment (embargo preventivo) is available, among other cases, when the debtor has no domicile in Argentina (art. 209(1)). Generic measures are available where there is well founded fear of imminent or irreparable harm (art. 232).
• Measures against the State: courts may not order measures that affect or disturb the State's own resources (CPCCN art. 195, third paragraph). Law 26.854 on interim measures against the State is not among the sources reviewed (unconfirmed).

6. Procedure and the award

• Equal treatment and full opportunity to present one's case (Law 27.449 art. 62; CCyC art. 1662, last paragraph).
• Party autonomy over procedure (art. 63). Failing agreement, the tribunal decides, including on admissibility and weight of evidence (art. 64).
• Seat chosen by the parties or, failing that, by the tribunal (art. 65). Hearings may be held anywhere (art. 66).
• Commencement: on the date the respondent receives the request for arbitration, unless otherwise agreed (art. 67). Domestic: no equivalent rule in the CCyC chapter; the CPCCN contemplates either a court action to force formalisation of the compromiso (art. 742) or the parties' own procedure.
• Language (arts. 68 and 69), statements (arts. 70 and 71), hearings (arts. 72 to 74), default (art. 75), tribunal experts (arts. 76 and 77), court assistance with evidence (art. 78).
• Applicable law: the rules of law chosen by the parties, meaning substantive law and not conflict rules (art. 79). If no choice is made, the rules the tribunal considers appropriate (art. 80). Equity (ex aequo et bono) only if expressly authorised (art. 81). Trade usages are always considered (art. 82).
• Award: in writing and signed by a majority with reasons for any missing signature (art. 86), reasoned (art. 87), dated and stating the seat (art. 88). It is deemed made at the seat.
• Correction and interpretation within 30 days of receipt; additional award within 30 days of receipt, issued within 60 days (arts. 93 to 96).
• Domestic awards: time limit. CCyC art. 1658(d) lets parties set the time limit. Failing that, the institution's rules apply, and failing those, the law of the seat. Under the CPCCN, if no time limit is agreed the judge sets one (art. 755). An award rendered late is open to annulment (art. 760). Arbitrators who miss the deadline without cause lose their right to fees and are liable for damages (art. 756). The compromiso lapses if neither parties nor arbitrators take any step for 3 months (art. 748(3)).

7. Challenging the award

International (seat in Argentina). The only recourse is a petition for annulment (Law 27.449 art. 98). It goes to the Commercial Court of Appeals of the seat (arts. 13 and 99) and must be filed within 30 days of receipt of the award, or of the decision on a correction, interpretation or additional award (art. 100). The court may suspend the annulment proceedings to let the tribunal cure the defect (art. 101). The grounds are listed in the table in section "Tables" below.

Domestic. Here the position is more complex and partly contradictory:

• Under the CPCCN, the same appeals available against court judgments may be brought against an award unless waived (art. 758). They are filed with the tribunal within 5 days (art. 759) and heard by the court that would have been competent (art. 763). If appeals are waived, the recurso de nulidad still lies for an essential procedural defect, an award made out of time, or an award on matters not submitted (art. 760). An award whose operative part contains mutually incompatible decisions is also null (art. 761). Parties may agree a penalty payable by the party who challenges the award (arts. 741(4) and 762).
• CCyC art. 1656, third paragraph, says awards may be reviewed by the competent court "when grounds of total or partial nullity are invoked, in accordance with this Code". It adds that the parties cannot waive judicial challenge of a final award that is contrary to the legal order ("contrario al ordenamiento jurídico"). The breadth of "contrary to the legal order" is contested: read broadly, it would allow review of errors of law. The texts do not settle this (unconfirmed). Practitioners therefore prefer an international seat or structure where possible, to bring the case under the narrow Law 27.449 grounds.
• Amiable compositors' awards cannot be appealed. An annulment action lies within 5 days of notice only if the award was made out of time or on matters not submitted (CPCCN art. 771).

RIGI arbitration: Decree 749/2024, annex art. 128, lets the State and the project vehicle and its shareholders waive the appeal against an award "without prejudice to art. 760 CPCCN". So the art. 760 annulment grounds remain.

8. Recognition and enforcement of awards (exequatur)

• Which instrument. Law 27.449 art. 1 yields to any multilateral or bilateral treaty in force. The New York Convention (Law 23.619) therefore applies to awards made in another contracting State and arising from relationships considered commercial under Argentine law. Those are Argentina's two declarations under art. I(3), recorded in Law 23.619 art. 2 and in the UNCITRAL status table, notes (a) and (c). Law 23.619 art. 2 also includes a declaration that the Convention will be interpreted in accordance with the principles and clauses of the National Constitution. For awards from non contracting States, Law 27.449 arts. 102 to 105 apply. They state that an award "whatever the country in which it was made" is binding and enforceable on written application to the competent court. Since Law 27.449 repealed CPCCN art. 519 bis (art. 107), the old cross reference from foreign awards to the foreign judgments regime is gone.
• Documents. The original award or a duly certified copy (Law 27.449 art. 103; New York Convention art. IV(1)(a)). Under the Convention, also the original or certified copy of the arbitration agreement (art. IV(1)(b)). If not in Spanish, a translation certified by an official or sworn translator or a diplomatic or consular agent (Convention art. IV(2)). Law 27.449 art. 103 says the court "may" request a translation. Apostille or legalisation requirements are not in the downloaded sources (unconfirmed).
• Court and procedure. Law 27.449 does not name the court for recognition. Art. 13 covers only functions at the seat. In practice, the CPCCN rules for foreign judgments are applied by analogy: the application goes to the competent first instance judge, and the exequatur follows the incident procedure (CPCCN art. 518). That is a 5 day period to answer (art. 180) and an evidence hearing within 10 days if needed (art. 181). Whether the national commercial courts or the federal civil and commercial courts are competent depends on the parties and subject matter (unconfirmed). No higher fees or more onerous conditions than for domestic awards may be imposed (New York Convention art. III).
• Grounds for refusal. Closed list: Law 27.449 art. 104 and New York Convention art. V (table below). Note the wording: refusal on public policy grounds requires a breach of Argentine international public order (art. 104(b)(II)), whereas annulment of a locally seated award refers to Argentine public order (art. 99(b)(II)).
• Pending set aside at the seat. The court may adjourn and order the award debtor to give security (Law 27.449 art. 105; Convention art. VI).
• After recognition, enforcement follows the rules for Argentine judgments (CPCCN art. 518, third paragraph; art. 499 expressly covers arbitral awards). The judge orders attachment and summons the debtor for the sale of attached assets. Defences must be raised and proved within 5 days (art. 505). Only these defences are admitted: falsity of the enforceable title, prescription, payment, and quita, espera o remisión (reduction, extension or release) (art. 506). They must be based on facts after the award and proved by documents (art. 507).
• ICSID awards are to be enforced as if they were final judgments of a local court (ICSID Convention art. 54(1), approved by Law 24.353). Immunity from execution is preserved (art. 55).
• Currency. Since DNU 70/2023 (BO 21 Dec 2023), CCyC art. 765 provides that a money obligation in a currency that is not legal tender is still an obligation to give money, and that the debtor is discharged only by paying in the agreed currency; judges may not change the agreed currency or form of payment. Whether this binds a court enforcing a US dollar award, and how foreign exchange rules affect payment and transfer abroad, needs case specific advice. See the fx/exchange-controls page (unconfirmed).

9. Arbitration with the State and public contracts

The CCyC chapter does not apply where the State is a party (art. 1651, last paragraph). Arbitration with the State therefore rests on specific statutes. The ones in the downloaded sources are:

• Concessions of public works, infrastructure and public services, Law 17.520, as amended by Law 27.742 (BO 8 Jul 2024). All contracts may include dispute prevention and resolution, conciliation or arbitration (new art. 12, Law 27.742 art. 71). Technical or economic disputes may go to a technical panel or arbitral tribunal. If arbitration with prorogation of jurisdiction (that is, abroad or before foreign arbitrators) is chosen, the clause must be approved expressly, and without delegation, by the national Executive and reported immediately to Congress. Art. 7 bis (Law 27.742 art. 69) sends disputes about the economic and financial balance of the contract to the technical panel and, where applicable, the arbitral tribunal. Art. 7 ter (art. 70) sends the compensation for termination on public interest grounds to the panel or tribunal where the contract has no formula.
• Hydrocarbons Law 17.319, arts. 86 and 98 as replaced by Law 27.742 arts. 144 and 150. Permits and concessions may provide for an arbitral tribunal on the patrimonial consequences of declarations of forfeiture or nullity and on specified technical disagreements. Each party appoints one arbitrator; the third is appointed by agreement or, failing that, by the President of the Supreme Court. The Executive (national or provincial) has power to "stipulate arbitral solutions and appoint arbitrators" (art. 98(c)).
• Settlements with contractors (Law 27.742 art. 65): the Executive may settle administrative, judicial or arbitral claims by contractors, with prior favourable opinions of the Treasury Attorney's Office and SIGEN (the internal audit agency).
• RIGI (Law 27.742 Title VII, arts. 217 and 221 to 223; Decree 749/2024, BO 23 Aug 2024, annex arts. 124 to 137, art. 124 as amended by Decree 940/2024, BO 22 Oct 2024):
• Any dispute between the national State and an adhered project vehicle (VPU) about the regime first goes to amicable consultation. After 60 calendar days from notice, the VPU (or its foreign shareholders, for certain options) submits it, at its choice, to (a) the 2012 PCA Arbitration Rules, (b) the ICC Rules (excluding the Expedited Procedure Rules), or (c) the ICSID Convention or the ICSID Additional Facility Rules (art. 221).
• Except under the ICSID Convention, the seat must be outside Argentina, in a New York Convention State. Three arbitrators, none Argentine or of the nationality of the VPU's majority shareholder. The language is Spanish, or Spanish or English for claims by foreign shareholders under options (b) and (c) (art. 221).
• No exhaustion of administrative remedies and no limitation (caducidad) period for starting the arbitration. Starting the arbitration bars further administrative appeals against the same act. Judicial or arbitral remedies suspend the effects of the authority's acts (art. 217).
• RIGI rights are deemed protected investments under applicable bilateral investment treaties (art. 222), but only once the application and investment plan are approved (Decree 749/2024 annex art. 136). Arbitration does not suspend either side's obligations or rights (art. 223).
• Decree 749/2024 annex details: the arbitration agreement is perfected when adhesion is approved (art. 128). If consultations are extended beyond 180 days, or the VPU fails to confirm the dispute, a fresh notice and a further 60 day consultation are required (art. 127). Argentine law governs (art. 131). Each side bears its own costs and the arbitration costs are split equally, and third party funding must be disclosed (art. 132). The State may counterclaim (art. 130). Its express consent is needed for expedited or emergency arbitration (art. 130). Parallel RIGI and treaty claims are consolidated (art. 135). There is an optional domestic RIGI Panel of three listed professionals (engineering, economics and at least one lawyer), with a 60 day decision period after closing, extendable once by 60 days (art. 134).
• For the RIGI regime itself see investing/rigi.

Investment treaty arbitration (pointer). Argentina is party to the ICSID Convention (Law 24.353). ICSID awards are enforced as final local judgments (art. 54). The date the Convention entered into force for Argentina and the list of bilateral investment treaties in force are not in the downloaded sources (unconfirmed). Full treatment: future page disputes/investment-arbitration.

10. Capital markets: compulsory arbitration for listed companies

Every market must have a permanent arbitral tribunal. Issuers whose securities trade on that market are compulsorily subject to it in their relations with shareholders and investors (Capital Markets Law 26.831 art. 46, BO 28 Dec 2012; heading amended by Law 27.440, BO 11 May 2018). The tribunal's jurisdiction covers all actions under the General Companies Law 19.550, including challenges to corporate resolutions, liability actions and actions against by-law clauses. Bidders in tender offers are also covered. However, shareholders and investors keep the right to opt for the courts. Tribunal rules need prior approval by the CNV (the securities regulator). The specific market tribunals and their current fee schedules are not in the downloaded sources (unconfirmed).

11. Institutions

The CCyC allows institutional arbitration administered by civil associations or other national or foreign entities whose by-laws so provide. The institution's rules then govern the whole process and form part of the agreement (art. 1657). Local institutions commonly mentioned include the arbitral tribunal of the Buenos Aires Stock Exchange (Bolsa de Comercio de Buenos Aires) and the business mediation and arbitration centre known as CEMARC. No official primary source describing their rules, fee schedules or caseload was found among the permitted sources, so nothing is stated here about them (unconfirmed). International institutions named in Argentine statutes are the PCA, ICC and ICSID (Law 27.742 art. 221).

Key Supreme Court case law

No Supreme Court (CSJN) judgment could be retrieved from csjn.gov.ar or sjconsulta.csjn.gov.ar in this run: the jurisprudence search did not return documents to the download tool. No case is cited here. (unconfirmed)

Step by step

Step 1. Draft the clause

• Decide whether the deal is international under Law 27.449 art. 3. If both parties are Argentine and performance is in Argentina, the only route to the international regime is a foreign seat (art. 3(b)(I)) or a substantial place of performance abroad. Record the facts in the recitals.
• Check arbitrability first: consumer, labour, family or adhesion contract elements (CCyC art. 1651). If your contract is on standard terms, negotiate it visibly (exchange of drafts, tracked changes, a signed side letter recording negotiation) to reduce the "adhesion contract" risk (unconfirmed).
• Name the institution and rules (CCyC art. 1657) or an ad hoc framework. State the seat, the language, the number of arbitrators and the appointing authority. Address confidentiality and costs allocation (CCyC art. 1658), and the time limit for the award for domestic cases (art. 1658(d); CPCCN art. 755).
• Write the clause in writing (Law 27.449 art. 15; CCyC art. 1650). Email exchanges qualify (art. 16).
• Avoid privileged appointment rights for one side; they are null (Law 27.449 art. 24; CCyC art. 1661).
• Choice of law: say "the substantive law of X, excluding its conflict of laws rules" (art. 79). Do not authorise equity unless intended (art. 81; CCyC art. 1652).
• Domestic waiver of appeals: include an express waiver of appeal (CPCCN art. 741(5)) but expect that nullity (art. 760) and the CCyC art. 1656 challenge survive.
• State party: identify the statutory basis (Law 17.520 art. 12, Law 17.319 art. 86, Law 27.742 art. 221). If arbitration abroad is chosen under Law 17.520, obtain the express Executive approval and evidence of the report to Congress.
• Cost: lawyer drafting fees are a matter of contract. The statutory minimum for "drafting other contracts" is 0.3% to 5% of the contract value, minimum 2 UMA (ARS 216,010, about US$138) (Law 27.423 art. 19(b)).

Step 2. Choose the seat

• Seat in Argentina: annulment only before the Commercial Court of Appeals of the seat, on the art. 99 grounds, within 30 days. Court support for appointment and challenges is in the commercial courts (art. 13). An award seated in Buenos Aires can be enforced locally without exequatur as a domestic award (CPCCN art. 499 covers arbitral awards).
• Seat abroad: set aside proceedings happen abroad. Enforcement in Argentina needs recognition under the New York Convention. For Argentine counterparties, a foreign seat makes the case international under art. 3(b)(I). It may be required by statute: RIGI seats must be outside Argentina in a Convention State (Law 27.742 art. 221). Argentina applies the Convention only to awards made in other contracting States (Law 23.619 art. 2), so check the seat country's status in the UNCITRAL table.
• Exclusive Argentine jurisdiction (CCyC art. 2609) cannot be avoided by choosing a foreign seat: Argentine real estate rights in rem, Argentine registry entries, and Argentine registered IP validity.

Step 3. Start the arbitration

• International: send the request for arbitration. Proceedings commence on receipt by the respondent unless otherwise agreed (Law 27.449 art. 67). Notice rules: art. 8 (personal delivery, place of business, habitual residence or mailing address; last known address by registered mail if none can be found). Electronic notice only if agreed (art. 9).
• Domestic ad hoc under the CPCCN: if the other side refuses to sign the compromiso, sue to compel it (art. 742). The court gives 10 days to answer and calls a hearing to formalise. The compromiso must state the date, names and addresses of the parties and arbitrators, the issues submitted, and a penalty for non performance (art. 740). Arbitrators accept before the court clerk (art. 744). Institutional rules normally displace these steps (CCyC art. 1657).
• Limitation: check limitation periods (CCyC arts. 2554 onwards); filing a claim interrupts limitation (art. 2546). Whether a request for arbitration interrupts limitation is not addressed in the sources reviewed (unconfirmed). For RIGI, notice of the dispute has the effects of CCyC art. 2541 (suspension of limitation) (Decree 749/2024 annex art. 126).
• Mandatory mediation under Law 26.589 applies to court proceedings, not to arbitration. It is required before a court claim on the merits (art. 1) and optional before enforcement proceedings (art. 6, as replaced by Decree 379/2025). Whether it applies to an exequatur application is not stated (unconfirmed).

Step 4. Interim measures from courts

• Apply to the competent court before or during the arbitration; this does not waive arbitration (Law 27.449 art. 21; CCyC art. 1655). Argentine courts can support foreign seated arbitrations (art. 61).
• Plead the right, the measure and the legal basis (CPCCN art. 195). Offer security (art. 199). For attachment against a foreign domiciled debtor, CPCCN art. 209(1).
• Lapse risk: pre-suit measures lapse if the main action is not filed within 10 days of execution (CPCCN art. 207). File the request for arbitration immediately and give the court evidence of it (unconfirmed).
• Measures ordered by the tribunal are enforced on application to the court (Law 27.449 art. 56). The court can require security (art. 58) but cannot review the substance (art. 60).

Step 5. The award

• Check form: written, signed, reasoned, dated, seat stated (Law 27.449 arts. 86 to 88). Request correction, interpretation or an additional award within 30 days if needed (arts. 93 and 95), remembering this postpones the annulment clock (art. 100).
• Domestic: check the award was rendered within the agreed or court fixed term (CPCCN arts. 754 to 756). An award out of time is open to nullity (art. 760).

Step 6. Annulment

• International, seat in Argentina: petition to the Commercial Court of Appeals of the seat within 30 days (arts. 13, 99 and 100). Grounds are closed. The court may remit to the tribunal (art. 101).
• Domestic: appeal (unless waived) or nullity within 5 days, filed with the tribunal (CPCCN art. 759). Pay any agreed challenge penalty first (art. 762). Consider the CCyC art. 1656 non waivable challenge.
• Seat abroad: follow the seat's law; in Argentina, ask the enforcing court to adjourn and order security (Law 27.449 art. 105).

Step 7. Enforcement

1. Assemble documents: original or certified award, arbitration agreement, sworn translation (NYC art. IV; Law 27.449 art. 103). Foreign documents may need apostille (unconfirmed).
2. Locate assets: real estate (property registry), shares (company registry, IGJ in Buenos Aires), bank accounts, receivables from Argentine customers.
3. Seek interim attachment while recognition is pending (Law 27.449 art. 61; CPCCN arts. 209, 232).
4. File for recognition with the competent first instance court. The incident procedure applies: 5 day answer, evidence hearing within 10 days (CPCCN arts. 518, 180 and 181). Pay the court fee (3% if treated as a monetary claim; see Example 2) (unconfirmed).
5. The debtor can only plead art. 104 / NYC V grounds.
6. After recognition: attachment, summons for sale, defences limited to falsity, prescription, payment, or release (CPCCN arts. 505 to 507). Then judicial sale or turnover of funds.
7. Payment in foreign currency and transfer abroad: CCyC art. 765 (DNU 70/2023) and BCRA rules (see fx/exchange-controls).

Costs and timelines

Table 1. Domestic vs international regimes

Table 2. Grounds for annulment vs refusal of recognition

Table 3. Statutory deadlines

Table 4. Fee scales and amounts with an official source

Table 5. Timeline of norms

Worked examples

Facts. A foreign supplier claims US$2,000,000 in unpaid invoices from a Buenos Aires distributor. Converted at the 23 Oct 2026 dólar MEP rate: 2,000,000 × 1,563.90 = ARS 3,127,800,000. Law 23.898 art. 4(a) requires conversion at the exchange rate on the date the court fee is paid, so the real peso base will be whatever rate applies on that date.

A. National commercial courts (CABA)

1. Pre-suit mediation (Law 26.589 arts. 1 and 2): mandatory, up to 60 calendar days (art. 20). Mediator fees are not in the downloaded sources (unconfirmed).
2. Court fee: 3% × ARS 3,127,800,000 = ARS 93,834,000 (US$60,000). It is paid in full by the claimant on filing (Law 23.898 arts. 2 and 9(a)) and recovered from the loser as costs (art. 10).
3. Lawyers' fees regulated by the court (Law 27.423 art. 21), per side, recoverable from the loser (CPCCN art. 68):
4. Amount in UMA: ARS 3,127,800,000 ÷ ARS 108,005 = 28,959.77 UMA.
5. The top bracket (751 UMA and above) carries 12% to 15%. Art. 21 also says the fee may never be less than the maximum of the previous bracket plus the next bracket's rate on the excess. Applying that literally: the maximum of the 451 to 750 bracket is 17% × 750 = 127.5 UMA; the excess over 750 UMA is 28,209.77 UMA.
6. Minimum: 127.5 + 28,209.77 × 12% = 3,512.67 UMA = ARS 379,386,188 (US$242,590).
7. Maximum: 127.5 + 28,209.77 × 15% = 4,358.97 UMA = ARS 470,790,075 (US$301,036).
8. A flat reading (12% to 15% of the whole amount) gives ARS 375,336,000 to ARS 469,170,000 (US$240,000 to US$300,000). The difference is small; which method courts apply is (unconfirmed).
9. If the lawyer also acts as representative (apoderado), add the procurator's 40% (art. 20): ARS 531,140,663 to ARS 659,106,105 (US$339,626 to US$421,450).
10. Appeal: 30% to 35% of the first instance fee (art. 30): about ARS 113,815,856 to ARS 164,776,526 (US$72,777 to US$105,363) on the art. 21 figures above, before any procurator uplift.
11. Court appointed accounting expert, if ordered: 5% to 10% of the amount (art. 21): ARS 156,390,000 to ARS 312,780,000 (US$100,000 to US$200,000). Courts may apply a higher rate for exceptionally complex work. How these percentages are applied in practice to very large claims is not covered by the sources (unconfirmed).
12. Own counsel fees under engagement letter: by contract (Law 27.423 allows fee agreements, arts. 4 to 6) (unconfirmed).
13. Duration: first instance plus appeal; no official statistics found (unconfirmed).

Loser's exposure in court (statutory items only): court fee US$60,000 + winner's lawyer US$242,590 to US$421,450 + appeal US$72,777 to US$105,363 (plus uplift) + expert US$100,000 to US$200,000. That is roughly US$475,000 to US$787,000 before the loser's own lawyers, interest and enforcement. These are statutory ranges, not quotes.

B. Arbitration seated in Buenos Aires

1. No court fee for the arbitration itself: Law 23.898 art. 1 taxes judicial proceedings. Court fees may arise for court interim measures, annulment or enforcement (unconfirmed).
2. Institutional administrative fees and arbitrator fees: set by the institution's schedule or by agreement (CCyC arts. 1657 and 1664). No official source in the permitted list gives these schedules (unconfirmed).
3. Statutory ceiling if a court has to fix arbitrators' fees: 15% of the amount (Law 27.423 art. 32(d)) = ARS 469,170,000 (US$300,000) in total. This is a cap, not a typical figure.
4. Lawyers' fees in arbitral proceedings, if a court regulates them: art. 16 criteria, no percentage scale (art. 29(d)). Public order minimums apply (art. 16).
5. Mandatory mediation does not apply (Law 26.589 targets court proceedings).
6. Costs allocation: as agreed (CCyC art. 1658(f)), or as the tribunal decides. Under the CPCCN, arbitrators apply the loser pays rules of arts. 68 onwards (art. 772).
7. Duration: depends on the rules and the tribunal; no statutory default time limit in Law 27.449 (unconfirmed).

Takeaway. With the sources available, the comparison that can be proved is this. Court litigation front loads a 3% court fee (US$60,000 here) and exposes the loser to scale based fees for the winner's counsel of 12% to 15%, plus appeals and experts. Arbitration avoids the court fee and the mandatory mediation step. Its cost depends almost entirely on the institution and tribunal, which must be priced from the chosen institution's current schedule.

COMPARISON: to be sourced by editor

Facts. A Chilean company obtains an ICC award seated in Santiago (Chile is a New York Convention State per the UNCITRAL table (unconfirmed)) against an Argentine SA. The award orders payment of US$1,500,000 principal plus US$120,000 in costs: US$1,620,000 = ARS 2,533,518,000 at ARS 1,563.90. The debtor owns a warehouse in Buenos Aires Province and holds peso and dollar accounts in Argentine banks. Interest is ignored for simplicity.

Step by step and timeline (statutory periods only).

Court fee. If the exequatur is treated as a monetary claim, 3% × ARS 2,533,518,000 = ARS 76,005,540 (US$48,600) (Law 23.898 arts. 2 and 4(a)). If treated as non monetary, the fixed fee is ARS 4,700 (about US$3) (art. 6, Acordada 15/2022). The texts do not say which applies to recognition of foreign awards. New York Convention art. III also forbids fees higher than for domestic awards (unconfirmed).

Counsel fees on enforcement (court regulated, recoverable from the debtor). ARS 2,533,518,000 ÷ 108,005 = 23,457.41 UMA. Art. 21 with the bracket rule gives 127.5 + (23,457.41 − 750) × 12% to 15%, that is 2,852.39 to 3,533.61 UMA. Half of that (art. 41) = ARS 154,036,174 to ARS 190,823,887 (US$98,495 to US$122,018). Fees for the recognition phase itself, if courts regulate it as an incident: Law 27.423 art. 47 (8% to 25% of the main fee) was vetoed by Decree 1077/2017 art. 5, according to the Infoleg note. The applicable basis is therefore uncertain (unconfirmed).

Summary for the creditor. Up front cash need: court fee up to US$48,600, security for the attachment, translation and apostille costs. Recoverable from the debtor if successful: court fee and regulated fees (CPCCN art. 68; Law 23.898 art. 10). Statutory periods inside the procedure total only a few weeks (10 + 5 + 10 days plus 5 days for defences). The overall timeline in months depends on appeals and the court's workload and is not available from official sources (unconfirmed).

Practical traps

1. Two Argentine parties cannot opt into Law 27.449 just by labelling the arbitration "international". The Model Law opt in limb is absent from art. 3. Use a foreign seat or show a substantial foreign place of performance.
2. Adhesion contracts. CCyC art. 1651(d) excludes "adhesion contracts whatever their subject" from domestic arbitration. Standard form B2B terms (distribution, franchise, SaaS, platform terms) are exposed. Evidence negotiation, or use an international structure, and still treat the risk as open for international cases (Law 27.449 art. 5) (unconfirmed).
3. The firm conflict rule. Law 27.449 art. 28 creates a conclusive presumption of partiality if the arbitrator's firm acts for either party in any other case. Run conflict checks across the whole firm and its affiliates. Non disclosure can lead to annulment.
4. Default type of arbitration. The CPCCN still says that silence means amiable compositors (art. 766), while the CCyC says arbitration at law (art. 1652). State "arbitration at law" expressly.
5. Waiver of appeal is not total in domestic cases. Nullity under CPCCN art. 760 and the CCyC art. 1656 challenge for awards "contrary to the legal order" cannot be waived.
6. The 10 day lapse rule for pre-suit measures (CPCCN art. 207). Have the request for arbitration ready before you attach.
7. Measures against public funds are barred (CPCCN art. 195), and the CCyC chapter does not apply to the State (art. 1651). Check the specific statute before signing any arbitration clause with a State entity or State owned company (unconfirmed).
8. Foreign seated concession arbitration needs Executive approval of the clause, reported to Congress (Law 17.520 art. 12 as amended). A clause without it is vulnerable.
9. RIGI: do not start arbitration too early. The 60 day consultation is mandatory. If talks run past 180 days, a fresh notice and 60 day period are required (Decree 749/2024 annex art. 127). Expedited and emergency arbitration need the State's express consent (art. 130).
10. New York Convention reciprocity. Argentina applies the Convention only to awards made in other contracting States, and only to commercial relationships (Law 23.619 art. 2). Awards from non contracting States fall back on Law 27.449 arts. 102 to 105, which are substantively similar.
11. Exclusive jurisdiction matters (CCyC art. 2609: Argentine real estate rights in rem, Argentine registries, Argentine registered IP validity) cannot be sent to foreign courts or arbitrators.
12. Listed companies: shareholder disputes go to the market tribunal by default, but shareholders may opt for the courts (Law 26.831 art. 46). Draft by-laws accordingly.
13. Capacity to arbitrate follows capacity to settle (CPCCN art. 738). Check corporate authority and any required approvals for a State or regulated entity.
14. Arbitrators who miss the deadline in domestic CPCCN arbitrations lose their fees (art. 756), and the award is open to nullity (art. 760). Agree a realistic term with an extension mechanism.

Recent changes

• 22 Oct 2024: Decree 940/2024 amended Decree 749/2024 RIGI regulations, including the art. 124 definitions used in the dispute chapter (as shown in the consolidated text: art. 124 "texto según Decreto N° 940/24").
• 23 Aug 2024: Decree 749/2024 regulated RIGI dispute resolution: perfection of the arbitration agreement on approval, the RIGI Panel, consolidation with treaty claims, a costs rule and funding disclosure (annex arts. 124 to 137).
• 8 Jul 2024: Law 27.742 (Bases Law) set the RIGI arbitration options (PCA, ICC, ICSID; seat abroad in a New York Convention State; three non Argentine arbitrators). It modernised concession dispute resolution (Law 17.520 arts. 7 bis, 7 ter, 12, 12 bis) and hydrocarbons arbitration (Law 17.319 arts. 86 and 98), and authorised State settlements of arbitral claims (art. 65).
• 21 Dec 2023: DNU 70/2023 replaced CCyC arts. 765 and 766: the debtor is discharged only by paying in the agreed currency, and judges cannot change it.
• 4 Jun 2025: Decree 379/2025 replaced Law 26.589 art. 6 on optional pre-suit mediation (enforcement proceedings, certain health claims), in force 60 days after publication.
• 1 Sep 2026: UMA raised to ARS 108,005 (CSJN notice of 7 Oct 2026), increasing every statutory fee computed in UMA.
• Unchanged since 2018: Law 27.449 has no amendments recorded on Infoleg (only its promulgating Decree 697/2018 is linked). CCyC arts. 1649 to 1665 were not amended by DNU 70/2023 (no reference in its text).

Pending changes

• Reform of the CPCCN: whether a new national procedure code or a dedicated domestic arbitration law has been sent to Congress is not shown in the sources (unconfirmed).
• Status of the market arbitral tribunals under Law 26.831 art. 46 and CNV approval of their rules (unconfirmed).
• National consumer arbitration system under Law 24.240 art. 59: current operation (unconfirmed).
• Interpretation of CCyC art. 1651(d) (adhesion contracts) and of art. 1656 ("contrary to the legal order"): awaiting definitive Supreme Court guidance (unconfirmed).
• Panama Convention and ICSID entry into force dates and the current list of Argentine bilateral investment treaties in force (unconfirmed).
• RIGI Panel: whether the Listado de Profesionales Habilitados has been formed and its procedural rules issued (Decree 749/2024 annex art. 134) (unconfirmed).

FAQ

1. Is an arbitration clause enforceable in Argentina? Yes. Courts must refer parties to arbitration if asked no later than the first submission on the merits, unless the agreement is null, inoperative or incapable of performance (Law 27.449 art. 19; New York Convention art. II(3)). Domestic agreements exclude court jurisdiction and, in case of doubt, are given maximum effect (CCyC art. 1656).

2. Which law applies to my arbitration: Law 27.449 or the Civil and Commercial Code? Law 27.449 if the arbitration is international under art. 3: parties in different States, or a seat or substantial performance abroad. Otherwise the CCyC arts. 1649 to 1665 and the local procedural code apply.

3. Can I choose a seat outside Argentina for a contract with an Argentine company? Yes, in international patrimonial matters (CCyC art. 2605; CPCCN art. 1), except for matters of exclusive Argentine jurisdiction (CCyC art. 2609) or where a law prohibits it. A foreign seat itself makes the arbitration international (Law 27.449 art. 3(b)(I)).

4. Can I arbitrate with a consumer or an employee? Not under the CCyC: consumer and labour matters are excluded (art. 1651(c) and (e)). Consumer disputes can go to the public consumer arbitral tribunals contemplated by Law 24.240 art. 59 (unconfirmed).

5. My contract is on my standard terms. Is the arbitration clause safe? It is at risk for domestic arbitration because CCyC art. 1651(d) excludes adhesion contracts whatever their subject. Whether this also affects international arbitration is unsettled (Law 27.449 art. 5). Evidence real negotiation (unconfirmed).

6. How long do I have to challenge an award seated in Buenos Aires? International: 30 days from receipt, by annulment petition to the Commercial Court of Appeals (Law 27.449 arts. 13 and 100). Domestic: 5 days for appeal or nullity under the CPCCN (art. 759).

7. Can an Argentine court review the merits of a foreign award? No. Refusal is limited to the grounds in Law 27.449 art. 104 and New York Convention art. V. Public policy means Argentine international public order (art. 104(b)(II)).

8. Can I get an asset freeze in Argentina in support of an arbitration abroad? Yes. Argentine courts have the same power to grant interim measures in aid of arbitration seated in Argentina or abroad as in aid of court proceedings (Law 27.449 art. 61). Seeking them does not breach the arbitration agreement (art. 21). Security is required (CPCCN art. 199). Mind the 10 day lapse rule (art. 207).

9. Will an Argentine court enforce a US dollar award in dollars? CCyC art. 765 (as replaced by DNU 70/2023) says the debtor is discharged only by paying in the agreed currency. How this plays out at the enforcement stage, and how exchange regulations affect remittance, must be checked case by case (unconfirmed).

10. Can I arbitrate against the Argentine State? Only where a statute or a treaty provides for it. Examples: concession contracts under Law 17.520 art. 12, hydrocarbons permits under Law 17.319 art. 86, RIGI under Law 27.742 art. 221, and investment treaties with ICSID (Law 24.353). The CCyC chapter does not apply (art. 1651).

11. What does a court charge to hear a commercial claim, compared with arbitration? National courts charge a 3% court fee on the amount claimed (Law 23.898 art. 2), paid up front by the claimant. Arbitration has no court fee but institutional and arbitrator fees (unconfirmed). See Example 1.

12. Do I need to mediate before arbitrating? Not under Law 26.589, which applies to court proceedings. Your contract or the institution's rules may require negotiation or mediation steps. RIGI requires 60 days of consultation (Law 27.742 art. 221).

13. Who pays the costs of an arbitration? Whatever the parties agree (CCyC art. 1658(f)). Under the CPCCN, arbitrators apply the loser pays rule (art. 772, referring to art. 68). In RIGI disputes each side pays its own costs and arbitration costs are split equally, except on withdrawal (Decree 749/2024 annex art. 132).

Primary sources

• Law 27.449, International Commercial Arbitration Law.
• Infoleg record (BO 26 Jul 2018, No. 33919, p. 16; amends Laws 17.454 and 26.994; complemented only by Decree 697/2018).
• CPCCN updated text (arts. 1, 2, 68, 175 to 181, 195 to 233, 499 to 519 bis, 736 to 773).
• Law 23.619 approving the New York Convention, with declarations.
• Law 24.322 approving the Inter-American Convention on International Commercial Arbitration.
• Law 24.353 approving the ICSID Convention.
• Law 23.898, national court fees.
• Law 27.423, lawyers' fees (UMA).
• Law 26.589, mandatory mediation (incl. Decree 379/2025 change).
• Law 26.831, Capital Markets (art. 46).
• Law 24.240, Consumer Protection (art. 59).
• CSJN home page notice "Actualización del valor de la UMA" (ARS 108,005 from 1 Sep 2026; notice dated 7 Oct 2026).
• UNCITRAL status table, New York Convention (Argentina: signature 26/08/1958, ratification 14/03/1989, entry into force 12/06/1989, declarations (a) and (c)).
• UNCITRAL status table, Model Law on International Commercial Arbitration (Argentina 2018).
• Civil and Commercial Code (arts. 765, 1649 to 1665, 2541, 2546, 2605 to 2609).
• Law 27.742, Bases Law (arts. 65, 69 to 72, 144, 150, 217, 221 to 223).
• Decree 749/2024, RIGI regulations (annex arts. 124 to 137), Biblioteca ARCA consolidated text.
• Decree 940/2024 (BO 22 Oct 2024).
• DNU 70/2023 (BO 21 Dec 2023), arts. 250 and 251 replacing CCyC arts. 765 and 766.

Related pages

• Dispute resolution
• Argentine courts and litigation: how commercial disputes work
• Enforcing foreign judgments and arbitral awards in Argentina
• Investment arbitration against Argentina: ICSID cases, awards and lessons