10 - Judicial Control of Arbitral Awards in Argentina

Summary

In the past four years, Argentina embarked on a significant modernisation of its arbitration law, including the aspect of judicial control over arbitration. This is important to practising lawyers, courts and scholars, given that the legislative reform has provided better defined parameters to assess courts’ intervention in arbitration. Indeed, court’s intervention may manifest itself as a valid implementation of court’s powers of control over arbitration or, in its negative aspect, as definite undue interference with arbitration. The latter would now be undoubtedly in violation of the current applicable law on arbitration, which presently sets forth the principle of minimal court intervention in support of arbitration or to control that due process is respected and there is no violation of public policy.