Argentine courts and litigation: how commercial disputes work
Last verified: 27 Oct 2026 · Status: Changing
Commercial litigation in Argentina runs through several court systems at once. There are the federal courts, the "national ordinary" courts that still sit in the City of Buenos Aires (CABA), the CABA's own local courts, and 23 provincial court systems. Most commercial disputes between private parties in Buenos Aires go to the national commercial courts (Juzgados Nacionales de Primera Instancia en lo Comercial). Appeals go to the National Commercial Court of Appeals (Cámara Nacional de Apelaciones en lo Comercial) (Decree Law 1285/58 arts. 32(6)(e), 32(8)(e), 36 and 43 bis). Those courts apply the National Civil and Commercial Procedure Code (CPCCN, Law 17.454, t.o. 1981).
What a foreign investor or a local SME should know before suing or being sued:
- Mediation comes first. Before almost any claim in the national courts you must go through mandatory pre suit mediation (Law 26.589 arts. 1 and 2). The mediation can last up to 60 calendar days from the last notification (art. 20). It costs a mediator fee on a statutory scale, which in October 2026 was 2% of the claim, capped at ARS 1,612,800 (about US$1,031) for claims above 1,000 UHOM (Decree 1467/2011 Annex III, Ministry of Justice table for October 2026). Since Decree 379/2025, mediation is optional for enforcement proceedings (Law 26.589 art. 6).
- The claimant pays a 3% court fee up front. The base is the amount claimed, including interest claimed to the date of payment (Law 23.898 arts. 2, 4(a) and 9(a)). It becomes part of the costs that the loser ultimately bears (art. 10).
- The loser pays the winner's costs. This includes lawyer fees fixed by the judge under a statutory percentage scale measured in UMA (CPCCN art. 68; Law 27.423 arts. 19 and 21). The UMA was ARS 108,005 from 1 Sep 2026 (CSJN notice). The Civil and Commercial Code caps the loser's liability for first instance costs at 25% of the judgment. When regulated fees exceed that cap, the judge must prorate them (CCyC art. 730).
- Statutory deadlines are short but real durations are long. Fifteen business days to answer (CPCCN art. 338), a 40 day evidence period (art. 367), 40 days for the first instance judgment (art. 34(3)(c)), five days to appeal (art. 244). Real durations depend on workload. This draft found no official duration statistics in the sources (unconfirmed).
- Peso judgments carry interest, not indexation. Indexation of peso debts remains prohibited (Law 23.928 arts. 7 and 10), with statutory exceptions such as labour claims (Law 27.802). Interest follows the contract, special laws, or "rates fixed under Central Bank regulations" (CCyC art. 768). The rate actually applied by the commercial courts is a matter of case law that this page could not source (unconfirmed).
- Suing the State is different. Mediation does not apply (Law 26.589 art. 5(c)). The State has 60 days to answer (CPCCN art. 338). Its budget funds cannot be attached (Law 24.624 art. 19; Law 11.672 t.o. 2014 art. 165). Money judgments are paid out of budget appropriations, in order of notification date, and can slip into the following budget year (Law 11.672 art. 170).
- Foreign plaintiffs face the "arraigo" objection. A claimant with no domicile and no real estate in Argentina can be required to post security for costs (CPCCN art. 348). The Civil and Commercial Code and the Mercosur Las Leñas Protocol forbid security imposed because of foreign citizenship or residence (CCyC art. 2610; Law 24.578, Protocol art. 4). How these rules fit together is contested and is explained below.
- Forum clauses work in international patrimonial matters. Parties may choose foreign judges or arbitrators except where Argentine courts have exclusive jurisdiction (CCyC arts. 2605 to 2609; CPCCN art. 1).
Cost to do it (headline, Example 1 below). To sue for an unpaid ARS 50,000,000 invoice (about US$31,971) in the national commercial courts: * mediator fee ARS 1,000,000 (US$639); * court fee about ARS 1,584,757 (US$1,013) paid at filing; * court regulated first instance fees for the winning lawyer of roughly ARS 10.2 million to ARS 14.8 million (US$6,505 to US$9,439) on an illustrative judgment of ARS 78.25 million (capital plus 30 months of interest); * your own lawyer's contractual fee, which is a matter of agreement (Law 27.423 art. 4).
If you win, most court fixed items are recoverable from the debtor, subject to the 25% cap (CCyC art. 730). Duration: statutory periods add up to roughly 8 to 12 months of procedural time for a first instance judgment, plus appeals and enforcement. Real durations are longer and not officially measured in the sources (unconfirmed).
Related pages: Commercial arbitration (the alternative to court), Insolvency (when the debtor cannot pay), SA and SAU companies (corporate disputes, challenges to shareholder resolutions).
Who this page is for.
- Foreign suppliers and lenders collecting debts from Argentine customers.
- Foreign shareholders of Argentine subsidiaries who need to know where a dispute will be heard.
- Local SMEs deciding whether a claim is worth bringing, and what it will cost before any money comes back.
- Advisers who need the article numbers to check.
The page covers the national courts sitting in Buenos Aires and the national procedure code. Each province has its own procedure code, court fee law, lawyer fee law and mediation regime. None of those are in the sources for this page (unconfirmed).
Peso amounts are converted at the dólar MEP (bolsa) selling rate of ARS 1,563.90 per US$ on 23 Oct 2026 (source: dolarapi.com, MEP quote). Conversions are indicative and move daily.
Key rules
1. Court structure: four layers
Constitutional basis. Congress enacts the Civil, Commercial, Criminal, Mining and Labour Codes. Those codes do not alter local jurisdictions: they are applied by federal or provincial courts "according to whether the things or persons fall under their respective jurisdictions" (Constitution art. 75(12)). Federal courts hear cases on points governed by the Constitution, federal laws and treaties. They also hear cases where the Nation is a party, cases between provinces, between residents of different provinces, and "between a province or its residents against a foreign State or citizen" (art. 116).
(a) Federal courts. They sit in every province and in CABA. In CABA, federal civil and commercial matters go to the Juzgados Nacionales en lo Civil y Comercial Federal, with their own court of appeals (Decree Law 1285/58 art. 32(6)(a) and (8)(a)). Claims against the national State usually go to the Contencioso Administrativo Federal courts (art. 32(6)(b) and (8)(b)). The CPCCN mentions an objection of lack of jurisdiction "by reason of different nationality" (art. 349(1)). That points to the federal jurisdiction based on the parties' nationality under Law 48. That law is not in the sources, and neither is its application to foreign companies (unconfirmed).
(b) National ordinary courts in CABA. These are the historical "ordinary" courts of the federal capital. Decree Law 1285/58 art. 32 lists them: civil, commercial, labour, criminal, consumer relations and others. Law 24.588 art. 8 (the law that guarantees national interests in the City) keeps them "under the Judiciary of the Nation" while Buenos Aires is the capital. The commercial courts hear "all matters governed by commercial laws not expressly assigned to another court". They also hear civil insolvencies, and service or works contracts where the provider is a registered trader or a commercial company (Decree Law 1285/58 art. 43 bis). Civil courts hear civil matters, tort damages and professional liability (art. 43). The number of commercial courts and chambers is not in the sources (unconfirmed).
(c) CABA local courts. The City has its own jurisdiction in neighbourhood matters, contraventions and petty offences, and in local administrative and tax matters (Law 24.588 art. 8; Constitution art. 129). A dispute with the City government over a local tax therefore goes to the City courts, not the national ones. The progressive transfer of national ordinary courts to the City is not covered by the sources (unconfirmed).
(d) Provincial courts. In every province, ordinary commercial disputes go to provincial courts under provincial procedure codes. The Civil and Commercial Code applies everywhere (Constitution art. 75(12)), but procedure, fees and timing vary (unconfirmed).
Supreme Court (CSJN). The CSJN hears cases mainly through the extraordinary appeal (recurso extraordinario) on federal questions (CPCCN arts. 256 and 257; Law 48 art. 14). It must be filed within 10 days of notification (art. 257). The Court may reject it "according to its sound discretion" for lack of sufficient federal grievance or when the questions are insubstantial or lack importance (art. 280). If the appeal is denied, a complaint (queja) requires a deposit of ARS 1,400,000 (CPCCN art. 286, amount set by CSJN Acordada 21/2025, BO 18 Jul 2025). Decree Law 1285/58 art. 24(6)(a) still provides an "ordinary appeal" to the CSJN in cases where the Nation is a party above a threshold (ARS 10,890,000 per Acordada 28/2014). Whether that route remains available after later CSJN case law is not in the sources (unconfirmed).
2. The procedure code and which process applies
- Ordinary process is the default. Every dispute without a special procedure goes through the ordinary process (juicio ordinario) (CPCCN art. 319). Since Law 25.488 there is no longer a separate "summary" process; laws that refer to it now mean the ordinary process (art. 319, second paragraph; art. 320 repealed).
- Summary process (sumarísimo). It applies to claims not exceeding "ARS 5,000" and to some other cases (art. 321). That figure is historic and has not been updated in the text on Infoleg. In practice the value limb is meaningless at current prices (unconfirmed). In a sumarísimo there are no preliminary objections and no counterclaim. All periods are 3 days, except the answer and the appeal brief, which are 5 days. Only the final judgment and orders on interim measures can be appealed (art. 498).
- Executive process (juicio ejecutivo). It is a fast track for debts in executive titles: public instruments, private instruments with recognised or certified signatures, a debt acknowledged before a judge, promissory notes, bills of exchange, cheques, credit invoices, bank account balance certificates, rents, and other titles given executive force by law (art. 523). The bailiff demands payment and attaches assets (art. 531). The debtor has 5 days to raise a closed list of defences (arts. 542 and 544). Any other defence must be raised in a later ordinary action, after paying (art. 553). A plain commercial invoice is not on the list unless it qualifies as a credit invoice under its special law (unconfirmed).
- Electronic file. Law 26.685 authorises electronic files, documents, signatures, notifications and electronic domiciles in all proceedings before the Judiciary of the Nation, with the same legal effect as paper (art. 1). The CSJN and the Council of the Magistracy regulate implementation (art. 2). Their regulations are not in the sources (unconfirmed).
3. Ordinary process: stages and deadlines
Days are business days (días hábiles). The non business days are set by the Reglamento para la Justicia Nacional (CPCCN art. 152), which is not in the sources. That includes the January recess and the winter recess (unconfirmed). Periods start the day after notification, and run from the last notification if they are common to several parties (art. 156). They are peremptory (art. 155). They are extended by one day per 200 km for acts outside the court's seat (art. 158). Where the code sets no period for answering a transfer of a filing (traslado), the period is 5 days (art. 150).
| Stage | Period | Article |
|---|---|---|
| Statement of claim, with all documents and offer of all evidence | (filed after mediation) | CPCCN arts. 330, 333; Law 26.589 art. 2 |
| Answer (private defendant) | 15 days | CPCCN art. 338 |
| Answer (Nation, a province or a municipality) | 60 days | CPCCN art. 338 |
| Defendant abroad | Set by the judge by distance | CPCCN art. 342 |
| Preliminary objections, including arraigo | Filed with the answer; arraigo, lack of standing to sue and formal defects suspend the answer period | CPCCN arts. 346 to 348 |
| Reply to counterclaim / to new documents | 15 days / 5 days | CPCCN art. 358 |
| Preliminary hearing: conciliation, possible referral to mediation (30 days suspension), fixing facts to prove | Judge must attend personally | CPCCN art. 360 |
| Evidence period | Set by judge, maximum 40 days, from the preliminary hearing | CPCCN art. 367 |
| Closing briefs (alegatos) | 6 days each | CPCCN art. 482 |
| First instance judgment, ordinary process | 40 days (single judge) after the call for judgment becomes final | CPCCN art. 34(3)(c) |
| Interlocutory decisions | 10 days (single judge), 15 days (court of appeals) | CPCCN art. 34(3)(b) |
| Appeal | 5 days | CPCCN art. 244 |
| Appeal brief (expresión de agravios), ordinary process | 10 days from notice that the file is at the chamber | CPCCN art. 259 |
| Answer to appeal brief | 10 days | CPCCN art. 265 |
| Appeal judgment | 60 days (collegiate), from the drawing of the file, which must occur within 15 days | CPCCN art. 34(3)(c) |
| Extraordinary appeal to the CSJN | 10 days; reply 10 days | CPCCN art. 257 |
| Abandonment of proceedings (caducidad de instancia) if no party moves the case | 6 months first instance; 3 months on appeal, in executive and summary proceedings and incidents | CPCCN art. 310 |
Appeal threshold. Judgments in cases where the amount in dispute is below ARS 3,200,000 cannot be appealed. The figure was set by CSJN Acordada 20/2025 (BO 18 Jul 2025) for claims filed from the first day of the month after it was signed, and the CSJN updates it annually (CPCCN art. 242). Fee awards can always be appealed (arts. 242 and 244).
Default. A properly summoned party that does not appear is declared in default on request. In case of doubt, the default creates a presumption that the lawful facts alleged are true (CPCCN arts. 59 and 60).
Evidence. Documents in a foreign language must be filed with a translation by a registered sworn translator (traductor público matriculado) (CPCCN art. 123). Lawyers may request documents directly from private entities by letter once the claim is filed (art. 333).
4. Interim measures: pre judgment attachment
A creditor may request a preventive attachment (embargo preventivo) before or after filing the claim (CPCCN art. 195). The cases where it is available include:
- the debtor has no domicile in Argentina (art. 209(1));
- the debt is proven by a document attributed to the debtor (art. 209(2));
- the debt is shown in the creditor's commercial books kept in due form, or by a public accountant's certification in the case of an accepted invoice (factura conformada) (art. 209(4));
- the debtor is trying to hide or dispose of assets (art. 209(5));
- the creditor obtained a favourable judgment, even if it is under appeal (art. 212(3)).
The applicant must give counter security for costs and damages. The judge sets its form and amount by how strong the claim looks, and bank guarantees are accepted (art. 199). The Nation, provinces and municipalities, and parties with legal aid, are exempt (art. 200). Abusive measures give rise to damages (art. 208). Attachments are limited to the amount needed to cover the claim and costs (art. 213). No interim measure may affect the State's own resources (art. 195, third paragraph). Mediation is not required before an interim measure (Law 26.589 art. 5(f)).
5. Mandatory pre suit mediation (Law 26.589)
- Scope. Mediation is mandatory before "every judicial proceeding" (art. 1). The claim must be filed with the mediator's closing record (art. 2). All disputes are covered except those excluded by art. 5, among them: criminal cases; cases where the national State, provinces, municipalities or CABA are parties (unless expressly authorised); amparo, habeas data and interdicts; interim measures; preliminary steps and early evidence; probate; insolvency proceedings; voluntary proceedings; and consumer disputes covered by the prior consumer conciliation service (art. 5, as replaced by Law 26.993).
- Optional cases since Decree 379/2025. Mediation is optional in enforcement proceedings (procesos de ejecución). It is also optional in health disputes against health insurers covered by Laws 23.660, 23.661 or 26.682, through the PROMESA procedure. In these cases the defendant cannot object to the route chosen (art. 6, as replaced by Decree 379/2025, BO 4 Jun 2025, in force 60 days after publication). Decree 379/2025 is recorded by Infoleg as a necessity and urgency decree (DNU). Its review by Congress is not in the sources (unconfirmed).
- Federal courts. The regime is suspended for federal courts throughout the country until it is implemented in each one (art. 43). Whether it has been implemented in any federal court is not in the sources (unconfirmed).
- Choice of mediator. By agreement, by random draw at the court registry, or from a list proposed by the claimant (art. 16).
- Timing. First hearing within 15 calendar days of the mediator's appointment (art. 23). The mediation lasts up to 60 calendar days from the last notification, or 30 days in the optional cases, and may be extended by agreement (art. 20). Notices must reach the parties at least 3 business days before the hearing. If the respondent is abroad, periods are extended while notice is being served (art. 24).
- Appearance. Parties must appear in person, with mandatory legal assistance. Legal entities and persons domiciled more than 150 km away may appear through an attorney with authority to settle (art. 19).
- Limitation. Mediation suspends limitation periods. The period resumes 20 days after the closing record is available to the parties (Law 26.589 art. 18; CCyC art. 2542).
- No show. A party who fails to appear without justification pays a fine equal to 5% of the basic salary of a national first instance judge (art. 28). The regulation computes it on all monthly remuneration items of that judge and lets the Ministry publish the amount (Decree 1467/2011 Annex I art. 13, as replaced by Decree 696/2025). That amount is not in the sources. As a rough indicator only: the UMA is 3% of a federal first instance judge's base pay (Law 27.423 art. 19), which implies a fine in the order of ARS 180,000 at the September 2026 UMA. The two salary bases are not necessarily the same (unconfirmed).
- Settlement. A settlement signed before the mediator is enforceable as a judgment (Law 26.589 art. 30; CPCCN art. 500(4)), and its enforcement is exempt from court fee (CPCCN art. 500(4)).
- After failure. The claimant must file suit within one year of the closing record or the mediation lapses (art. 51).
- Costs. Mediation costs form part of the litigation costs that the loser pays (CPCCN art. 77).
Mediator fees (Decree 1467/2011 Annex I art. 31 and Annex III, as replaced by Decree 2536/2015). Fees are measured in UHOM (Unidad de Honorarios de Mediación). One UHOM equals 12 public sector salary units (UR SINEP), rounded up to the next ten pesos (Decree 2536/2015 art. 1). The provisional fee of 2 UHOM is paid at the closing hearing by whoever the parties agree, or failing that by the claimant, on account of the basic fee (Annex I art. 31(b)). If no settlement is reached and suit is filed, the basic fee is fixed on the final judgment or settlement amount. It is paid by the party ordered to pay costs, subject to a top up if the final amount differs by more than 20%. If the claimant does not sue within 60 business days of a closing without settlement, it must pay the basic fee itself (Annex I art. 31(d), (e) and (j)). Unpaid fees accrue interest at the Banco de la Nación Argentina average lending rate for 30 day commercial discounts (art. 31(f)).
6. Court fee: tasa de justicia (Law 23.898)
- Scope. All proceedings before the national courts in CABA and the national courts in the provinces (art. 1).
- Rate. 3% of the value in dispute in all proceedings with a monetary value (art. 2).
- Base for money claims. The claim at the time of payment of the fee, including capital and any claimed indexation, fines and accrued interest. A claim in foreign currency is converted into pesos "at the exchange rate in force at the time of payment" (art. 4(a)). The text does not say which rate (official, MEP) (unconfirmed).
- When and who. The claimant (or counterclaimant) pays it in full at the start (art. 9(a)). It is adjusted at the final settlement of the case if the amount is higher, excluding indexation and interest accrued after the initial payment (art. 9(a)). Counterclaims and claim extensions pay separately (art. 8).
- Non monetary claims. A fixed ARS 4,700 for claims filed from 1 Jul 2022 (art. 6; CSJN Acordada 15/2022, BO 27 May 2022). Later updates were not checked (unconfirmed). Claims of undetermined amount pay that sum on account and complete the fee at the end (art. 5).
- Insolvency. 0.75% of the verified claims in the agreement, and 0.25% on the excess over ARS 100,000,000 (art. 3). See Insolvency.
- Costs. The fee forms part of costs and is borne by the parties in the proportion in which costs are imposed (art. 10).
- Late payment. The fee must be paid within 5 days of an order to pay. After that, a 50% fine is added, plus wholesale price indexation and interest (art. 11). No case file can be archived without a certificate that the fee has been paid (art. 10).
- Exemptions. These include parties with legal aid (beneficio de litigar sin gastos), employees in labour claims, amparo actions that succeed, and tax enforcement (art. 13).
- Payment. The CSJN sets the collection procedure (art. 11), and Law 11.683 applies supplementarily (art. 17). The current payment channel and form are not in the sources (unconfirmed).
7. Lawyer and expert fees (Law 27.423)
- Scope. The law governs fees of lawyers and court auxiliaries in matters before the national or federal courts, including mediation (art. 1). Fees are presumed onerous, carry a general privilege and are of "alimentary" character (art. 3).
- Fee agreements. Lawyers and clients may agree fees freely, in writing. These agreements bind only the parties and are independent of what the losing opponent is ordered to pay (art. 4).
- UMA. The fee unit equals 3% of the base pay of a federal first instance judge, published monthly by the CSJN (art. 19). ARS 108,005 from 1 Sep 2026 (CSJN home page notice of 7 Oct 2026).
- Judicial criteria. Amount, quality and extent of the work, complexity, responsibility, result, importance (art. 16). Minimums are public policy and judges cannot go below them (art. 16).
- Scale per party for money claims (art. 21): see Table 3. The fee "can never be lower than the maximum of the immediately preceding bracket, plus the rate of the next bracket applied to the excess" (art. 21). How that sentence is applied (whole amount at one rate versus cumulative brackets) affects results materially. Both readings are shown in Example 1 (unconfirmed).
- Base. For money claims, the base is the amount of the claim. If there is a judgment, the base is the resulting liquidation updated by interest. If there is a settlement, it is the settlement amount. If the claim is rejected in full, it is the claim amount less 30% (art. 22). Interest fixed in the judgment must always be included, on pain of nullity (art. 24).
- Other rules. The losing party's lawyer is also paid on the general scale (art. 26). An attorney (procurador) acting alongside the lawyer gets 40% of the lawyer's fee, and a lawyer acting as both gets both (art. 20). The process is divided into thirds (claim and answer; evidence; the rest) for partial work (art. 29). Appeals earn 30% to 35% of the first instance fee, or 30% to 40% if the judgment is fully reversed (art. 30). In executive proceedings, the full scale applies, reduced by 10% if no defences are raised (art. 34). In enforcement of judgments, half the scale applies, minus 10% without defences (art. 41).
- Experts. Court experts (accountants, engineers) earn 5% to 10% of the amount of the case (art. 21). Under CPCCN art. 77, an expert can claim up to 50% of their fee from the party not ordered to pay costs.
- Minimums. 10 UMA in ordinary proceedings, 6 UMA in executive proceedings, 2 UMA in mediation, 4 UMA for court auxiliaries (art. 58). Some extrajudicial minimums in art. 19(b) were vetoed by Decree 1077/2017. The Infoleg text shows the veto through bold type that the downloaded text does not preserve (unconfirmed).
- Payment. The award must state pesos and the equivalent UMA. Payment discharges the debt only if the peso amount equals the UMA count at the value in force on the payment date (art. 51). Court fixed fees are due 10 days after the award becomes final. They carry interest from the first instance award, are collected through judgment enforcement, and pay no court fee (art. 54).
8. The 25% cap on costs (CCyC art. 730)
Where non performance of an obligation leads to court or arbitral litigation, the liability for costs is capped. This includes professional fees "of every kind" for the first or only instance. The cap is 25% of the amount of the judgment, award or settlement. If fees regulated under fee laws exceed that percentage, "the judge must prorate the amounts among the beneficiaries". Fees of the losing party's own lawyers do not count towards the cap (art. 730). The text speaks of "costs, including professional fees". Whether the court fee and mediator fee count within the 25% is not stated (unconfirmed). The cap protects the paying party. The winner's own lawyer can still claim the difference from their client under their fee agreement (Law 27.423 art. 4) (unconfirmed).
9. Interest, indexation and foreign currency judgments
- Moratory interest. Owed from default. The rate is (a) as agreed, (b) as set by special laws, or (c) "subsidiarily, by rates fixed under Central Bank regulations" (CCyC art. 768). Compensatory interest may be fixed by the judge if not agreed (art. 767). Judges may reduce rates that exceed "without justification and disproportionately" the average cost of money for similar debtors (art. 771).
- Interest on interest. Only (a) under an express clause with a period of at least six months, (b) from notification of the claim, (c) from when the judge orders payment of a liquidated amount and the debtor is in default, or (d) where other laws allow (CCyC art. 770). Whether the commercial courts capitalise interest on notification of the claim under art. 770(b) in ordinary money claims is a matter of case law (unconfirmed).
- What the BCRA publishes. The BCRA "main variables" page lists three series: "Tasa de Intereses Moratorios (TIM), CCC art. 768 inc. c)" (base 3 Jun 1993); "Tasa pasiva, Ley 27.802 art. 55 inc. a)" (base 3 Jun 1993); and "Tasa de interés para uso de la Justicia, Comunicado P 14290" (base 1 Apr 1991). The BCRA regulation that created the TIM series is not in the sources (unconfirmed). The judicial rate index (BCRA API variable 43) moved from 22,479.6245 on 23 Oct 2025 to 27,560.4533 on 23 Oct 2026. Read as a cumulative coefficient, that is 22.60% over 12 months. From 23 Apr 2026 (25,258.682) to 23 Oct 2026 it is 9.11% over 6 months (unconfirmed). This draft uses 22.60% a year only as an illustration in Example 1. The commercial courts may apply a different rate, such as a Banco de la Nación lending rate (unconfirmed).
- No indexation of peso debts. A debtor of a sum of pesos pays the nominal amount. "In no case" is monetary updating, price indexation or cost variation admitted, whether or not the debtor is in default (Law 23.928 art. 7, as replaced by Law 25.561). Laws authorising indexation remain repealed (art. 10). Infoleg notes statutory exceptions, including Law 27.701 arts. 51 and 52 and Law 27.798 art. 62 (BO 2 Jan 2026). Their scope was not reviewed (unconfirmed). Constitutional challenges to the ban in high inflation periods are a matter of case law not in the sources (unconfirmed).
- Value debts. Where the debt is a "value" (for example damages), the amount is quantified at its real value when it is assessed. Once quantified in money, the money rules apply (CCyC art. 772).
- Labour claims are different. Since Law 27.802 (the labour modernisation law), labour credits are updated by CPI plus 3% a year (Law 20.744 art. 276 as replaced). Cases pending at its entry into force use a BCRA passive rate within CPI based floors and ceilings (Law 27.802 art. 55). This does not apply to commercial claims, but it shows how the legislature handles inflation by statute.
- Foreign currency. After DNU 70/2023 (signed 20 Dec 2023), an obligation in foreign currency is a money obligation "whether or not it is legal tender in the country". The debtor is discharged only by paying the agreed currency, and "judges cannot modify the form of payment or the currency agreed by the parties" (CCyC arts. 765 and 766 as replaced by DNU 70/2023 arts. 250 and 251). The text in still shows the original art. 765, which allowed payment in pesos. How courts handle enforcement in dollars under any exchange regulations in force is outside the sources (unconfirmed).
10. Judgments against the national State
- No mediation, unless expressly authorised (Law 26.589 art. 5(c)).
- 60 days to answer for the Nation, a province or a municipality (CPCCN art. 338).
- Notice to the Treasury Attorney. In claims against national public bodies, State owned companies and similar entities, procedural periods are suspended until the court or the claimant notifies the Procuración del Tesoro de la Nación (PTN). The PTN then has 20 days to intervene (Law 25.344 art. 6). A copy of the claim must be sent to the PTN (art. 8). Since 1 Nov 2019, these communications go exclusively through the PTN's digital platform (Infoleg note to art. 8: PTN Res. 128/2019, BO 30 Oct 2019). Service of the claim on the State is by official letter to the relevant ministry, with 30 days or more to raise defences (art. 9).
- Interim measures. No interim measure may affect, obstruct or divert the State's resources (CPCCN art. 195). The specific law on interim measures against the State is not in the sources (unconfirmed).
- Funds cannot be attached. Funds, securities and other means of payment allocated to the execution of the national public sector budget are not subject to attachment. This covers cash, bank deposits, securities and receivables (Law 24.624 art. 19; Law 11.672 t.o. 2014 art. 165). Non attachability applies when final judgments cannot be paid because the budget allocation has been exhausted, as certified by the entity's accounting service (Law 11.672 art. 168). Once the Executive has reported the unpaid debt to Congress (Law 23.982 art. 22), enforcement cannot proceed until the following or subsequent fiscal period (Law 11.672 art. 168). Attachments lapse automatically on that certification (art. 169).
- Payment through the budget. Money judgments against the State are paid within the spending authorisations of the budget. If the current year's budget has no room, the Executive must include the debt in the following year's budget. To make that cut, the entity must take formal notice of the judgment before 31 July of the year in which the budget bill is sent. Funds are applied "in strict order of seniority by date of judicial notification" until exhausted (Law 11.672 t.o. 2014 art. 170, from Law 26.895 art. 68). The original Law 24.624 art. 20 said 31 August. The later text says 31 July.
- State companies. Judgments against State companies, companies with majority State participation and mixed companies "can in no case be enforced against the National Treasury". The State's liability is limited to its capital contribution (Law 24.624 art. 21; Law 11.672 art. 166).
- Consolidated debts. Older obligations were consolidated and paid in bonds: debts with cause before 1 Apr 1991 under Law 23.982, and debts with cause between 1 Apr 1991 and 31 Dec 1999 under Law 25.344 art. 13. New commercial claims are not normally affected, but the regime still matters for old claims.
11. Security for costs for foreign plaintiffs (arraigo)
- The rule. "If the claimant has neither domicile nor real estate in the Republic", the defendant may raise the preliminary objection of arraigo "for the liabilities inherent in the claim" (CPCCN art. 348). It is raised with the answer and suspends the period to answer (art. 346). The claimant may answer it within 5 days (arts. 150 and 350). If evidence is needed, the judge holds a hearing within 10 days (art. 351). The decision can be appealed "en relación" (art. 353). If the objection is upheld, the judge sets the amount of the security and the period to post it. If the claimant fails to comply, it is deemed to have withdrawn its claim, with costs (art. 354(4)).
- The counter rules.
- CCyC art. 2610 (in force since 2015): citizens and permanent residents abroad have free access to the courts on the same terms as Argentine citizens and residents. "No security or deposit, whatever its name, may be imposed by reason of being a citizen or permanent resident of another State." The same applies to legal persons incorporated, authorised or registered under foreign law.
- Mercosur Las Leñas Protocol art. 4 (approved by Law 24.578) has the same rule for citizens and permanent residents of the other States Parties (Brazil, Paraguay, Uruguay), extended to their companies.
- 1954 Hague Convention on Civil Procedure art. 17 (approved by Law 23.502): no security or deposit may be imposed on nationals of a contracting State domiciled in a contracting State, either for being foreign or for lacking domicile or residence in the forum. Which States are parties and in force with Argentina is not in the sources (unconfirmed).
- Why it is contested. CPCCN art. 348 is triggered by lack of domicile and real estate, not by nationality. One reading is that art. 2610 leaves it intact for foreign companies with no Argentine assets. The other is that art. 2610 ("whatever its name") and the treaties neutralise it for anyone resident abroad. The Hague and Las Leñas texts expressly cover lack of domicile or residence, so for their beneficiaries arraigo should not apply. For others, the answer depends on case law not in the sources (unconfirmed). Practical consequence: a claimant from a non treaty country should budget for a possible arraigo and keep evidence of Argentine assets (real estate defeats the objection on its own terms).
- Amount. The code gives no formula. The security covers "the liabilities inherent in the claim" (art. 348), which in practice means the defendant's likely costs if the claim fails. Example 2 estimates those costs using the fee law.
12. Choice of forum (CCyC arts. 2605 to 2610)
- International patrimonial matters. Parties may submit to foreign judges or arbitrators except where Argentine judges have exclusive jurisdiction or the prorogation is prohibited by law (CCyC art. 2605; CPCCN art. 1).
- Exclusivity. The chosen court has exclusive jurisdiction unless the parties expressly decide otherwise (art. 2606).
- Form. The choice must be in writing, and any means of communication that allows proof by a text is accepted. Prorogation is also tacit: for the claimant by filing, and for the defendant by answering, by not answering, or by raising preliminary objections without challenging jurisdiction (art. 2607). In national procedure, territorial jurisdiction is prorogable only in exclusively patrimonial matters (CPCCN art. 1). Courts cannot decline territorial jurisdiction on their own motion in such matters (art. 4).
- Exclusive Argentine jurisdiction. Rights in rem over Argentine real estate; validity of entries in Argentine public registries; registration or validity of patents, trademarks and similar rights filed in Argentina (art. 2609).
- Default rules without a clause. Personal actions go to the defendant's domicile (art. 2608). Contract claims may go, at the claimant's option, to the defendant's domicile, the place of performance of any obligation, or the place of a branch that took part in the deal (art. 2650).
- Law versus forum. Choosing a national forum does not imply choosing that country's law (art. 2651(g)). Choice of law rules do not apply to consumer contracts (art. 2651, last paragraph).
- Foreign judgments. They are enforced under treaties. Absent a treaty, enforcement requires: a final judgment from a court competent under Argentine rules; personal summons and defence; authenticity; no breach of Argentine public policy; and no conflict with an Argentine judgment (CPCCN art. 517). Exequatur follows the incident procedure, with a legalised and translated copy (art. 518). Arbitral awards: see Arbitration.
COMPARISON
COMPARISON: to be sourced by editor
Step by step
Step 1. Check the contract. Look for a forum clause (CCyC arts. 2605 to 2607), an arbitration clause (see Arbitration), an agreed default interest rate (CCyC art. 768(a)) and the currency of payment (CCyC art. 765). Check limitation: the general period is 5 years (CCyC art. 2560), but shorter special periods may apply (unconfirmed). Who: your lawyer. Cost: consultation with report, minimum 1 UMA (ARS 108,005) under Law 27.423 art. 19(b) (unconfirmed). Time: days.
Step 2. Send a formal demand. A carta documento puts the debtor in default if the contract does not already do so, and starts the record. Cost: drafting a carta documento has a minimum of 1 UMA (art. 19(b)) (unconfirmed), plus postal charges that are not in the sources (unconfirmed).
Step 3. Consider interim protection. If the debtor has no domicile in Argentina, or the debt appears in your commercial books or in an accepted invoice certified by a public accountant, ask for a preventive attachment. You do not need to mediate first (CPCCN arts. 209(1) and (4); Law 26.589 art. 5(f)). You must offer counter security (CPCCN art. 199). Time: decided ex parte; the judge's timing is not set by statute (unconfirmed).
Step 4. Choose the track. * If you hold an executive title (cheque, promissory note, credit invoice, recognised private document), file an executive claim (CPCCN art. 523). Mediation is optional (Law 26.589 art. 6(a)). * Otherwise you need an ordinary claim, with mandatory mediation.
Step 5. Mediation. Choose the mediator by agreement, by draw at the commercial courts' registry (mesa de entradas), or from your proposed list (Law 26.589 art. 16). Pay the start fee (ARS 2,800 in 2026). The first hearing takes place within 15 days (art. 23), and the mediation lasts up to 60 days (art. 20). A foreign company appears by an attorney with authority to settle (art. 19), so you need a power of attorney, legalised or apostilled, and translated by a sworn translator for use in court (CPCCN art. 123) (unconfirmed). At the closing hearing, pay the provisional fee of 2 UHOM (ARS 26,880 in Oct 2026) unless agreed otherwise (Decree 1467/2011 Annex I art. 31(b)). Under Decree 696/2025, the mediation is managed through a Ministry of Justice electronic system with digital records. Its start was postponed by MJ Res. 140/2026; whether it is now operational is not in the sources (unconfirmed).
Step 6. File the claim. Attach the mediation closing record (Law 26.589 art. 2), all documents and the offer of all evidence (CPCCN arts. 330 and 333). State the exact amount, including interest accrued to date (art. 330). Constitute a legal domicile within the court's city (art. 40). The national courts use electronic domiciles (Law 26.685) (unconfirmed). Pay the 3% court fee at filing (Law 23.898 art. 9(a)). Notify the mediator of the filing within 5 business days (Decree 1467/2011 Annex I art. 31(j)).
Step 7. Service and answer. The defendant is served by cédula (CPCCN art. 135(1)) and has 15 days to answer, raise preliminary objections and counterclaim (arts. 338, 346 and 357). If the defendant does not appear, ask for a declaration of default (art. 59).
Step 8. Preliminary hearing and evidence. The judge holds the hearing in person, tries to conciliate, may send the parties to mediation (30 day suspension) and fixes the facts to be proved (art. 360). Evidence (witnesses, expert accountant, letters to third parties) is produced within up to 40 days (art. 367). In practice it often takes longer (unconfirmed). Move the case: six months without any step lets the defendant ask for abandonment (art. 310).
Step 9. Closing briefs and judgment. Six days per side for closing briefs (art. 482). The judgment is due within 40 days of the call for judgment (art. 34(3)(c)). It includes costs and fee awards (art. 163(8)).
Step 10. Appeal. Five days to appeal (art. 244), then a 10 day appeal brief (art. 259) and a 10 day reply (art. 265). The chamber has 60 days (art. 34(3)(c)). Fee awards can be appealed separately (art. 244).
Step 11. Enforce. Once the judgment is final and the payment period has expired, file the liquidation within 10 days (otherwise the debtor may), with a 5 day reply (CPCCN art. 503). Attach assets (art. 502). The debtor may raise only forgery of the judgment, limitation, payment, or release, extension or remission, within 5 days (arts. 505 and 506). You can enforce the undisputed part of a judgment while an appeal on the rest is pending (art. 499). If the debtor is insolvent, consider a bankruptcy petition (see Insolvency).
Step 12. Collect costs and pay your lawyer. Court fixed fees are payable within 10 days of becoming final, in pesos equal to the UMA count at the payment date (Law 27.423 arts. 51 and 54). The 25% cap applies to the loser's liability for first instance costs (CCyC art. 730).
Costs and timelines
Table 1. Court fee and mediation costs (national courts, October 2026)
| Item | Amount | Basis |
|---|---|---|
| Court fee, money claims | 3% of claim plus claimed interest at payment date | Law 23.898 arts. 2, 4(a), 9(a) |
| Court fee, non monetary claims | ARS 4,700 (US$3) | Law 23.898 art. 6; Acordada 15/2022 (unconfirmed) |
| Court fee, insolvency agreements | 0.75%; 0.25% above ARS 100,000,000 | Law 23.898 art. 3 |
| Late court fee fine | 50% of fee | Law 23.898 art. 11 |
| UHOM value | ARS 13,210 (Sep 2026); ARS 13,440 (Oct 2026); ARS 13,660 (Nov 2026); ARS 13,860 (Dec 2026) | Ministry of Justice table, Sep to Dec 2026; Decree 2536/2015 art. 1 |
| Mediator provisional fee | 2 UHOM = ARS 26,880 (US$17) in Oct 2026 | Decree 1467/2011 Annex III art. 1 |
| Mediator basic fee, claim up to 30 UHOM (ARS 403,200) | 3 UHOM = ARS 40,320 | Annex III art. 2(A), Oct 2026 table |
| over 30 up to 60 UHOM (ARS 806,400) | 6 UHOM = ARS 80,640 | (B) |
| over 60 up to 150 UHOM (ARS 2,016,000) | 9 UHOM = ARS 120,960 | (C) |
| over 150 up to 300 UHOM (ARS 4,032,000) | 12 UHOM = ARS 161,280 | (D) |
| over 300 up to 600 UHOM (ARS 8,064,000) | 16 UHOM = ARS 215,040 | (E) |
| over 600 up to 1,000 UHOM (ARS 13,440,000) | 20 UHOM = ARS 268,800 | (F) |
| over 1,000 UHOM | 2% of the claim, maximum 120 UHOM = ARS 1,612,800 (US$1,031) | (G) (unconfirmed) |
| Undetermined value / no monetary value | 20 UHOM / 12 UHOM | (H) / (I) |
| Extra per hearing from the fourth | 1/2 UHOM (bands A, B) or 1 UHOM (others) | Annex III art. 4 |
| Mediation start fee (arancel) | ARS 2,800 | Ministry of Justice 2026 table (UHOM at 1 Jan 2026 ARS 10,800) |
| Mediator signature certification | ARS 5,500 | Same table |
| Non appearance fine | 5% of a national first instance judge's salary | Law 26.589 art. 28 (unconfirmed) |
Table 2. Thresholds and fixed amounts in the procedure code
| Item | Amount | Basis |
|---|---|---|
| Appeal threshold (no appeal below) | ARS 3,200,000 (US$2,046) | CPCCN art. 242; Acordada 20/2025 |
| Deposit for complaint to CSJN | ARS 1,400,000 (US$895) | CPCCN art. 286; Acordada 21/2025 |
| CSJN ordinary appeal threshold (Nation a party) | ARS 10,890,000 | Decree Law 1285/58 art. 24(6)(a); Acordada 28/2014 (unconfirmed) |
| Summary process value limit | ARS 5,000 (historic) | CPCCN art. 321(1) (unconfirmed) |
Table 3. Lawyer fee scale per party, money claims (Law 27.423 art. 21)
UMA ARS 108,005 from 1 Sep 2026 (US$69.06).
| Amount of the case | Fee range | Amount band in ARS (Sep 2026 UMA) |
|---|---|---|
| Up to 15 UMA | 22% to 33% | up to ARS 1,620,075 |
| 16 to 45 UMA | 20% to 26% | up to ARS 4,860,225 |
| 46 to 90 UMA | 18% to 24% | up to ARS 9,720,450 |
| 91 to 150 UMA | 17% to 22% | up to ARS 16,200,750 |
| 151 to 450 UMA | 15% to 20% | up to ARS 48,602,250 |
| 451 to 750 UMA | 13% to 17% | up to ARS 81,003,750 |
| 751 UMA and above | 12% to 15% | above ARS 81,003,750 |
Other fee percentages: appeal 30% to 35% of first instance fee (art. 30); attorney (procurador) 40% of lawyer's fee (art. 20); experts 5% to 10% of the amount (art. 21); judgment enforcement at half scale (art. 41); minimum 10 UMA (ARS 1,080,050) ordinary, 6 UMA executive, 2 UMA (ARS 216,010) mediation (art. 58).
Table 4. Key deadlines at a glance
| Event | Deadline | Basis |
|---|---|---|
| Mediation: first hearing | 15 calendar days from appointment | Law 26.589 art. 23 |
| Mediation: duration | 60 calendar days (30 in optional cases), extendable | Law 26.589 art. 20 |
| Limitation resumes after mediation | 20 days after closing record available | Law 26.589 art. 18; CCyC art. 2542 |
| Suit after failed mediation | Within 1 year | Law 26.589 art. 51 |
| Claimant notifies mediator of suit | 5 business days | Decree 1467/2011 Annex I art. 31(j) |
| Answer (private / State) | 15 / 60 days | CPCCN art. 338 |
| Executive process defences | 5 days | CPCCN art. 542 |
| Evidence period | Max 40 days | CPCCN art. 367 |
| First instance judgment | 40 days | CPCCN art. 34(3)(c) |
| Appeal / appeal brief | 5 days / 10 days | CPCCN arts. 244, 259 |
| Extraordinary appeal | 10 days | CPCCN art. 257 |
| Abandonment risk | 6 months (first instance) / 3 months | CPCCN art. 310 |
| Pay court fixed fees | 10 days after award final | Law 27.423 art. 54 |
| Pay court fee after order | 5 days, then 50% fine | Law 23.898 art. 11 |
| PTN intervention in State cases | 20 days | Law 25.344 art. 6 |
| State: notice of judgment for next budget | Before 31 July | Law 11.672 art. 170 |
| General limitation period | 5 years unless otherwise provided | CCyC art. 2560 (unconfirmed) |
Table 5. Timeline of norms
| Date | Norm | What it does |
|---|---|---|
| 1958 | Decree Law 1285/58 | Organisation of the national courts; art. 32 list; art. 43 bis commercial jurisdiction (unconfirmed) |
| 1981 | Law 17.454 (CPCCN), t.o. 1981 | National procedure code |
| 13 May 1987 (sanctioned) | Law 23.502 | Approves 1954 Hague Convention on Civil Procedure (art. 17, no security for costs) (unconfirmed) |
| Oct 1990 | Law 23.898 | National court fee, 3% (promulgated 23 Oct 1990) (unconfirmed) |
| 27 Mar 1991 (sanctioned) | Law 23.928 | Ban on indexation (arts. 7, 10) |
| 1991 | Law 23.982 | Consolidation of State debts before 1 Apr 1991; art. 22 notice to Congress |
| 25 Oct 1995 (sanctioned) | Law 24.578 | Approves Las Leñas Protocol (art. 4, equal access) |
| 27 Nov 1995 (promulgated) | Law 24.588 | National interests in CABA; national ordinary courts stay national (art. 8) |
| 29 Dec 1995 (promulgated in part) | Law 24.624 | 1996 budget; arts. 19 to 21 non attachability and payment of judgments |
| 2000 | Law 25.344 | Economic emergency; PTN notice (arts. 6 to 9); consolidation to 31 Dec 1999 (art. 13) (unconfirmed) |
| 22 Nov 2001 | Law 25.488 | Reform of CPCCN (ordinary process, evidence, appeals) |
| 7 Jan 2002 | Law 25.561 | Rewrites Law 23.928 arts. 7 and 10 |
| 27 Nov 2009 | Law 26.536 | CPCCN art. 242 appeal threshold system |
| 6 May 2010 | Law 26.589 | Mandatory pre suit mediation |
| 30 Jun 2011 (promulgated) | Law 26.685 | Electronic files and notifications in the national judiciary |
| 22 Sep 2011 | Decree 1467/2011 | Mediation regulation |
| 2014 | Law 11.672, t.o. 2014 | Permanent budget law, arts. 165 to 170 |
| 19 Sep 2014 | Law 26.993 | Consumer conciliation; mediation exclusion (art. 5(m)) |
| 1 Aug 2015 | CCyC (Law 26.994) | Arts. 730, 765 to 772, 2542, 2605 to 2610 (unconfirmed) |
| 30 Nov 2015 | Decree 2536/2015 | UHOM and mediator fee scale |
| 23 Dec 2015 | Law 27.222 | Mediation and limitation (art. 18) |
| 21 Dec 2017 | Law 27.423 (with partial veto, Decree 1077/2017) | Lawyers' fees, UMA |
| 20 Dec 2023 (signed) | DNU 70/2023 | Foreign currency obligations (CCyC arts. 765, 766) |
| 4 Jun 2025 | DNU 379/2025 | Optional mediation for enforcement and health (art. 6) |
| 18 Jul 2025 | CSJN Acordadas 20/2025 and 21/2025 | Appeal threshold ARS 3,200,000; queja deposit ARS 1,400,000 |
| 30 Sep 2025 | Decree 696/2025 | New mediation regulation (Annex I); electronic mediation system within 180 days plus 90 |
| 2 Jan 2026 | Law 27.798 | Art. 62 exception to Law 23.928 (per Infoleg note) (unconfirmed) |
| 6 Mar 2026 | Law 27.802 | Labour credits: CPI plus 3% |
| 30 Mar 2026 | MJ Res. 140/2026 | Extends electronic mediation system 90 days from 29 Mar 2026 |
| 1 Sep 2026 | CSJN UMA update | UMA ARS 108,005 |
| 1 Sep to 1 Dec 2026 | Ministry of Justice tables | UHOM ARS 13,210 to ARS 13,860 |
Worked examples
Facts. A CABA distribution company (an SA) has not paid a supplier's ARS 50,000,000 invoice (US$31,971). The invoice is not an executive title. There is no arbitration clause, no agreed default rate and no forum clause. Both companies are in CABA, so the national commercial courts have jurisdiction (Decree Law 1285/58 art. 43 bis). Assumptions, all illustrative and not forecasts: * interest runs at 22.60% a year, simple, the 12 month change in the BCRA judicial rate index to 23 Oct 2026 (unconfirmed); * the claim is filed 3 months after the due date; * the first instance judgment liquidates interest to month 30; * October 2026 values for the UHOM and September 2026 values for the UMA are used throughout. In reality both will be higher on the dates of payment.
Step A. Mediation. 1. The claim is ARS 50,000,000, above 1,000 UHOM (ARS 13,440,000). Basic fee: 2% × 50,000,000 = ARS 1,000,000 (US$639), below the 120 UHOM cap of ARS 1,612,800 (Annex III art. 2(G)) (unconfirmed). 2. Provisional fee paid at closing on account: 2 × 13,440 = ARS 26,880 (US$17). 3. Start fee ARS 2,800; signature certification ARS 5,500 (2026 table). 4. If no settlement and the supplier sues, the remaining basic fee is fixed on the judgment amount and borne by the loser of the case (Annex I art. 31(d) and (j)). If the case is not filed within 60 business days, the supplier pays it. 5. Lawyer: minimum 2 UMA (ARS 216,010, US$138) for mediation work (Law 27.423 art. 58(c)). Your actual contractual fee is a matter of agreement (art. 4).
Step B. Court fee at filing. 1. Interest claimed to filing: 50,000,000 × 22.60% × 3/12 = ARS 2,825,241 (US$1,807). 2. Base: 50,000,000 + 2,825,241 = ARS 52,825,241 (Law 23.898 art. 4(a)). 3. Fee: 3% × 52,825,241 = ARS 1,584,757 (US$1,013), paid by the supplier at filing (art. 9(a)), recoverable from the debtor as costs (art. 10).
Step C. Judgment amount. 1. Interest to month 30: 50,000,000 × 22.60% × 30/12 = ARS 28,252,411 (US$18,066). 2. Judgment liquidation: ARS 78,252,411 (US$50,037). This is the fee base under Law 27.423 arts. 22 and 24. 3. In UMA: 78,252,411 ÷ 108,005 = 724.53 UMA, in the 451 to 750 UMA band (13% to 17%).
Step D. Winning lawyer's first instance fee (Law 27.423 art. 21), two readings (unconfirmed): * Flat reading (band rate on the whole amount): 13% × 724.53 = 94.19 UMA to 17% × 724.53 = 123.17 UMA, that is ARS 10,172,813 to ARS 13,302,910 (US$6,505 to US$8,506). * Floor rule reading (maximum of the previous band, 20% × 450 = 90 UMA, plus the band rate on the excess of 274.53 UMA): 90 + 13% × 274.53 = 125.69 UMA to 90 + 17% × 274.53 = 136.67 UMA, that is ARS 13,574,971 to ARS 14,760,977 (US$8,680 to US$9,439).
Step E. Other costs. * Court accountant expert, 5% to 10% of the case: ARS 3,912,621 to ARS 7,825,241 (US$2,502 to US$5,004) (art. 21). * Appeal, if any: 30% to 35% of the first instance fee. On the floor rule reading that is ARS 4,072,491 to ARS 5,166,342 (US$2,604 to US$3,303) (art. 30). * The losing debtor's own lawyer is paid by the debtor (art. 26) and does not count towards the cap.
Step F. The 25% cap (CCyC art. 730). 1. Cap: 25% × 78,252,411 = ARS 19,563,103 (US$12,509). 2. First instance costs on the floor rule reading, counting all items: winning lawyer 13,574,971 to 14,760,977 + expert 3,912,621 to 7,825,241 + mediator 1,000,000 + court fee 1,584,757 = ARS 20,072,349 to ARS 25,170,975 (US$12,835 to US$16,095). 3. Both ends exceed the cap, so the judge must prorate the fees. The debtor pays at most ARS 19,563,103 of first instance costs. The supplier's lawyer and the expert can look to their own client for the difference, depending on contract and case law (unconfirmed).
Step G. Enforcement. If the debtor does not pay, judgment enforcement fees are half the scale (art. 41). On the floor rule reading that is about ARS 6,787,485 to ARS 7,380,489 (US$4,340 to US$4,719), less 10% if no defences are raised.
Result for the supplier (illustrative).
| Item | ARS | US$ | Who bears it in the end |
|---|---|---|---|
| Capital | 50,000,000 | 31,971 | Debtor |
| Interest to month 30 | 28,252,411 | 18,066 | Debtor |
| Mediator basic fee | 1,000,000 | 639 | Loser (within cap) |
| Court fee | 1,584,757 | 1,013 | Loser (within cap, see 20) |
| Winning lawyer, first instance (court fixed) | 10,172,813 to 14,760,977 | 6,505 to 9,439 | Loser up to cap |
| Expert | 3,912,621 to 7,825,241 | 2,502 to 5,004 | Loser up to cap |
| Cash the supplier advances before judgment | about 2.6 million plus own lawyer retainer | about 1,660 | Mediator provisional, start fee, court fee, translations |
Cost to do it: about ARS 2.6 million (US$1,660) out of pocket up front, plus your lawyer's agreed retainer. Recoverable court fixed costs are capped at ARS 19.6 million (US$12,509). Statutory periods add up to roughly 8 to 12 months of procedural time for a first instance judgment, plus appeal. Real duration is not in official sources (unconfirmed).
What changes the result. * (a) A higher rate (for example a lending rate) increases interest, the fee base and the cap. * (b) If the invoice were an executive title, the supplier could skip mediation and use a 5 day defence window (CPCCN art. 542; Law 26.589 art. 6(a)), and the lawyer's fee would fall by 10% if no defences were raised (Law 27.423 art. 34). * (c) If the debtor enters a concurso, individual enforcement stops and the claim must be verified (see Insolvency).
Facts. A company incorporated in a country that is not a party to the Las Leñas Protocol and is assumed not to be a party to the 1954 Hague Convention with Argentina (unconfirmed) sells equipment to a Buenos Aires company. It claims US$300,000. The contract is in dollars, chooses Argentine law and has no forum clause. The supplier has no domicile or real estate in Argentina. The claim goes to the national commercial courts at the defendant's domicile (CCyC arts. 2608 and 2650(a)). The federal courts are a possible alternative on nationality grounds (unconfirmed).
Step A. Before filing. 1. Power of attorney for an Argentine lawyer, with authority to settle (Law 26.589 art. 19), apostilled or legalised (unconfirmed) and translated by a sworn translator (CPCCN art. 123). Translation costs are not in official sources (unconfirmed). 2. Mediation: 2% × (300,000 × 1,563.90 = ARS 469,170,000) is ARS 9,383,400, so the fee hits the cap of 120 UHOM = ARS 1,612,800 (US$1,031) in October 2026. Up to 60 days (art. 20).
Step B. Court fee. 3% × ARS 469,170,000 = ARS 14,075,100 (US$9,000). The base is converted at the exchange rate on the date of payment (Law 23.898 art. 4(a)). The MEP rate is used here only for illustration; which rate the court accepts is not stated (unconfirmed). The claim stays in dollars: under CCyC art. 765 as amended, the judge cannot change the agreed currency.
Step C. The arraigo objection. The defendant answers within 15 days and raises arraigo under CPCCN art. 348. The supplier answers that: * (i) CCyC art. 2610 forbids security imposed for being a citizen or permanent resident abroad, and extends that protection to foreign companies; * (ii) the security cannot exceed the defendant's likely costs; * (iii) the defendant's likely costs are covered by assets of the plaintiff in Argentina, if any.
As explained above, the outcome is uncertain (unconfirmed). If the supplier came from a Mercosur country, Las Leñas art. 4 would give a clear answer. The same goes for a Hague 1954 State whose national is domiciled in a contracting State (Law 23.502 art. 17).
Step D. How much security could be required? The code gives no formula. A reasonable proxy is what the defendant's lawyer would be awarded if the claim were rejected in full: claim less 30% (Law 27.423 art. 22). 1. Base: 469,170,000 × 70% = ARS 328,419,000 = 3,040.78 UMA, in the band of 751 UMA and above (12% to 15%). 2. Floor rule reading: 127.5 UMA (17% × 750) + 12% to 15% × 2,290.78 UMA = 402.39 to 471.12 UMA = ARS 43,460,468 to ARS 50,882,925 (US$27,790 to US$32,536). 3. Flat reading: 12% to 15% × 3,040.78 = ARS 39,410,280 to ARS 49,262,850 (US$25,200 to US$31,500) (unconfirmed). 4. The 25% cap of CCyC art. 730 measures costs against the "amount of the judgment". A judge setting arraigo might take it into account, but the texts do not say so (unconfirmed). The judge may also include the defendant's expert costs.
The security can be posted in the form the judge accepts. For interim measures the code expressly accepts bank guarantees (CPCCN art. 199). The accepted forms for arraigo, such as cash deposit, bank guarantee or surety insurance, are not specified in the sources (unconfirmed).
Step E. Timeline (statutory periods only, business days unless stated).
| Step | Statutory time | Basis |
|---|---|---|
| Mediation | up to 60 calendar days | Law 26.589 art. 20 |
| Defendant's answer period, interrupted by the arraigo objection | up to 15 days | CPCCN arts. 338, 346 |
| Plaintiff's reply to the objection | 5 days | CPCCN arts. 150, 350 |
| Hearing if evidence needed | within 10 days | CPCCN art. 351 |
| First instance decision | 10 days | CPCCN art. 34(3)(b) |
| Appeal and grounds; reply | 5 days; 5 days | CPCCN arts. 244, 246, 353 |
| Chamber decision | 15 days | CPCCN art. 34(3)(b) |
| Posting security | period set by judge | CPCCN art. 354(4) |
| Answer period resumes | remaining days of the 15 | CPCCN art. 346 |
Total statutory time to get past arraigo: about 60 calendar days of mediation plus roughly 65 to 70 business days (3 to 4 months) before the defendant's answer is due. To that add the time for notifications, the court's actual workload and the recesses (unconfirmed). After that, the ordinary process continues as in Example 1.
Cost to do it (foreign plaintiff): * mediation ARS 1.6 million (US$1,031); * court fee ARS 14.1 million (US$9,000); * possible security for costs of roughly ARS 39 million to ARS 51 million (US$25,000 to US$33,000), tied up until the case ends; * sworn translations and apostilles (unconfirmed); * your lawyer's agreed fee.
If you win, the court fixed fees for your lawyer would be computed on the dollar claim converted to pesos plus interest. On the claim alone (4,343.97 UMA) that is about ARS 56.3 million to ARS 72.0 million, depending on the reading (Law 27.423 art. 21) (unconfirmed). They are recoverable from the debtor subject to the 25% cap.
Practical traps
- Skipping mediation. A claim filed without the mediation record fails the admission requirement (Law 26.589 art. 2). Interim measures and enforcement are exceptions (arts. 5(f) and 6(a)).
- Letting the case sleep. Six months without a step at first instance (three on appeal, in executive cases and incidents) allows abandonment (CPCCN art. 310). Recesses are excluded from the count (art. 311).
- Under claiming interest at filing. The court fee is based on the claim "including accrued interest claimed" at payment (Law 23.898 art. 4(a)). The fee is adjusted upward at the end, excluding interest after the initial payment (art. 9(a)). Do the arithmetic at filing.
- Missing the 5 day court fee order. A 50% fine plus indexation and interest follows (Law 23.898 art. 11).
- Assuming the loser pays everything. The 25% cap of CCyC art. 730 often bites on mid sized claims, as Example 1 shows. Agree with your lawyer in writing what happens to fees above the cap (Law 27.423 art. 4).
- Fee awards are in UMA. Paying late means paying at the higher UMA value (Law 27.423 art. 51) plus interest (art. 54).
- Arraigo surprises. Foreign claimants without Argentine real estate should prepare for an arraigo objection and the time it takes (CPCCN arts. 346 to 354).
- Foreign documents. Every foreign language document needs a sworn translation (CPCCN art. 123). Build the cost and time into the plan.
- Wrong court. Commercial versus civil jurisdiction matters. Professional liability goes to the civil courts even inside a commercial dispute (Decree Law 1285/58 art. 43 bis(c)). If the dispute is about a local CABA tax, the City courts hear it (Law 24.588 art. 8).
- Suing the State and expecting quick money. No attachment of budget funds, payment through the budget in order of notification, and possible deferral to the next fiscal year (Law 11.672 arts. 165 to 170). Factor years, not months (unconfirmed).
- Dealing with a State owned company. Its judgment debts cannot be enforced against the Treasury (Law 11.672 art. 166). Check the company's own assets.
- Assuming a forum clause is non exclusive. It is exclusive unless stated otherwise (CCyC art. 2606).
- Mediation no show. A party that does not attend pays the art. 28 fine, and a claimant who does not attend must start again (Law 26.589 art. 25).
- Summary process value. The ARS 5,000 figure in CPCCN art. 321 is historic. Do not plan on a fast track based on value (unconfirmed).
- Provinces. Outside CABA, provincial codes, fees and mediation laws apply. None are covered here (unconfirmed).
Recent changes
- 4 Jun 2025: DNU 379/2025 replaced Law 26.589 art. 6. Mediation became optional for enforcement proceedings and certain health claims (PROMESA), in force 60 days after publication. It also replaced art. 40 (National Mediation Registry, with a health mediators section).
- 18 Jul 2025: CSJN Acordada 20/2025 raised the appeal threshold to ARS 3,200,000 (CPCCN art. 242). Acordada 21/2025 raised the queja deposit to ARS 1,400,000 (art. 286).
- 30 Sep 2025: Decree 696/2025 replaced Annex I of Decree 1467/2011 (mediation regulation). It also ordered an integrated electronic mediation system with electronic notices, digital records and electronic signatures, to be implemented within 180 days, extendable once by 90 days (arts. 2 and 3).
- 2 Jan 2026: Law 27.798 art. 62, noted by Infoleg as an exception to Law 23.928 arts. 7 and 10. Scope not reviewed (unconfirmed).
- 6 Mar 2026: Law 27.802 (labour modernisation): labour credits updated by CPI plus 3% (Law 20.744 art. 276). Pending cases get a BCRA passive rate within limits (Law 27.802 art. 55).
- 30 Mar 2026: MJ Res. 140/2026 extended the start of the electronic mediation system by 90 calendar days from 29 Mar 2026 (unconfirmed).
- 1 Sep 2026: UMA ARS 108,005 (CSJN notice of 7 Oct 2026).
- 1 Sep to 1 Dec 2026: UHOM ARS 13,210, 13,440, 13,660 and 13,860 for September, October, November and December 2026 (Ministry of Justice table, with the UR SINEP value under Decree 832/2026).
Pending changes
- Transfer of national ordinary courts to CABA. The constitutional framework (Constitution art. 129) and Law 24.588 art. 8 keep them national for now. Agreements and laws on transfer are outside the sources (unconfirmed).
- Electronic mediation system. Its operational status after the MJ Res. 140/2026 extension (unconfirmed).
- BCRA moratory rate under CCyC art. 768(c). The BCRA publishes a "TIM" series, but the regulation and its intended use by courts were not located (unconfirmed).
- Consumer relations courts. Decree Law 1285/58 art. 32 lists a national consumer court of appeals and first instance courts. Whether they are operating is not in the sources (unconfirmed).
- Arraigo after CCyC art. 2610. There is no statutory clarification; it remains a matter of case law (unconfirmed).
- Procedure code reform. No bill was reviewed for this page (unconfirmed).
FAQ
1. Do I have to mediate before suing in Buenos Aires? Yes, for almost all claims in the national courts (Law 26.589 arts. 1, 2 and 4). It is not required for interim measures, insolvency or claims involving the State, among others (art. 5). It is optional for enforcement proceedings (art. 6). The mediation lasts up to 60 days (art. 20) and suspends limitation (art. 18).
2. How much is the court fee and when is it paid? It is 3% of the amount claimed, including interest claimed to the date of payment. The claimant pays it at filing (Law 23.898 arts. 2, 4(a) and 9(a)). The loser ultimately bears it as part of costs (art. 10).
3. Will the losing party pay my lawyer? The loser pays the court fixed fees of your lawyer under the statutory scale (CPCCN art. 68; Law 27.423 art. 21). The total first instance costs it must bear are capped at 25% of the judgment (CCyC art. 730). Your own fee agreement with your lawyer is separate (Law 27.423 art. 4).
4. Can I sue in dollars and get a dollar judgment? The Civil and Commercial Code, as amended by DNU 70/2023, says the debtor is discharged only by paying the agreed currency and judges cannot change it (CCyC arts. 765 and 766). The court fee is computed on the peso equivalent at the payment date (Law 23.898 art. 4(a)). Practical enforcement in dollars is outside the sources (unconfirmed).
5. Will a peso judgment be indexed for inflation? Not by indexation, which remains banned for peso debts (Law 23.928 arts. 7 and 10), except where a statute allows it, such as labour credits (Law 27.802). Inflation is addressed through interest (CCyC arts. 767 and 768). The rate the commercial courts apply comes from case law (unconfirmed).
6. I am a foreign company. Can the defendant make me post security? It can ask for it if you have neither domicile nor real estate in Argentina (CPCCN art. 348). You can rely on CCyC art. 2610, and on the Las Leñas Protocol or the 1954 Hague Convention if they apply to you (Law 24.578; Law 23.502 art. 17). The outcome for non treaty claimants is contested (unconfirmed).
7. How long does a commercial case take? Statutory periods for a first instance judgment total several months: answer 15 days, evidence up to 40 days, judgment 40 days, plus mediation and the time between steps (CPCCN arts. 338, 367 and 34). Appeals add more. This draft found no official statistics on actual duration (unconfirmed).
8. Can I choose New York or London courts in my contract? Yes, in international patrimonial matters (CCyC art. 2605), except for matters of exclusive Argentine jurisdiction such as Argentine real estate rights, registry entries and Argentine registered IP (art. 2609). The chosen court is exclusive unless you say otherwise (art. 2606). Enforcing the foreign judgment in Argentina then requires exequatur (CPCCN arts. 517 and 518).
9. Can I attach the debtor's bank accounts before judgment? Yes, in the cases of CPCCN arts. 209 and 212: for example if the debtor has no domicile in Argentina, or the debt appears in your books or a certified accepted invoice. You must give counter security (art. 199). Mediation is not required for interim measures (Law 26.589 art. 5(f)).
10. What happens if I win against the national State? The State pays through the budget, in order of notification date. If there are no funds, payment moves to the next budget, provided the entity was notified before 31 July. Budget funds cannot be attached (Law 11.672 arts. 165, 168 and 170; Law 24.624 art. 19).
11. What if the debtor goes bankrupt during the case? Individual actions are affected by the insolvency proceedings. See Insolvency for verification of claims and ranking.
12. Should I choose arbitration instead? Arbitration avoids the 3% court fee and mandatory mediation, but has its own fees. See Arbitration for a side by side comparison.
Published 27 Oct 2026 from our research draft. Points marked (unconfirmed) have not yet been checked line by line against the official text; rely on the primary sources linked below before acting, and expect this page to change as we verify it.
Primary sources
- Decree Law 1285/58, organisation of the national courts (arts. 24, 32, 35, 36, 43, 43 bis).
- Law 24.588, national interests in CABA (art. 8).
- Law 24.624, 1996 budget (arts. 19 to 22).
- Law 11.672, permanent supplementary budget law, t.o. 2014 (arts. 165 to 173).
- Law 23.982, consolidation of State debts (art. 22).
- Law 25.344, economic emergency, claims against the State (arts. 6 to 9, 13).
- Law 23.928, indexation ban (arts. 7, 10, with Infoleg notes).
- Law 23.502, approving the 1954 Hague Convention on Civil Procedure (arts. 17 to 19).
- Law 24.578, approving the Mercosur Las Leñas Protocol (art. 4).
- Law 26.685, electronic files in the national judiciary.
- Decree 1467/2011, mediation regulation, updated text incl. Annex I per Decree 696/2025 (arts. 13, 14, 31, 32) and Annex III.
- Decree 2536/2015, UHOM and Annex III (scale not reproduced as text).
- DNU 379/2025, Law 26.589 arts. 6 and 40, PROMESA.
- Decree 696/2025, new Annex I of Decree 1467/2011, electronic mediation system.
- Ministry of Justice Res. 140/2026 (BO 30 Mar 2026), 90 day extension.
- `mj_tabla_honorarios_mediadores_sep_dic_2026.pdf/.txt`: Ministry of Justice, mediator fee table, values from 1 Sep, 1 Oct, 1 Nov and 1 Dec 2026.
- `mj_aranceles_matriculas_mediacion_2026.pdf/.txt`: Ministry of Justice, mediation fees and registration charges 2026.
- BCRA main variables page listing the TIM (CCyC art. 768(c)), Law 27.802 passive rate and judicial rate series.
- BCRA API, variable 43, "Tasa de interés Comunicado P 14.290 (Uso de justicia)", daily values 1 Oct 2025 to 26 Oct 2026.
- BCRA series pages (content loaded by script; no data captured).
- CPCCN updated text (arts. 1, 2, 4, 34, 40, 59, 60, 68, 69, 77, 123, 135, 150, 152, 155 to 158, 163, 195, 199, 200, 208 to 213, 242 to 246, 256, 257, 259, 260, 265, 280, 283 to 286,
- Law 23.898, national court fee.
- Law 26.589, mandatory mediation.
- Law 27.423, lawyers' and auxiliaries' fees.
- CSJN home page notice, UMA ARS 108,005 from 1 Sep 2026 (notice of 7 Oct 2026).
- Constitution arts. 75(12), 116, 117, 129.
- Civil and Commercial Code (arts. 730, 765 to 772, 2542, 2560, 2605 to 2610, 2650, 2651); original wording of art. 765.
- DNU 70/2023 arts. 250 and 251 (CCyC arts. 765 and 766).