Arbitration in Argentina: Evolution of an Alternative Dispute Resolution Method
By Claudia Morales.
Arbitration has played an important role in Argentina’s legal landscape as a trusted alternative to judicial litigation for more than a century. Its roots in the country date back to the late 19th and early 20th centuries, a period marked by modernisation of the legal system and an increasing openness to private dispute resolution mechanisms, particularly for commercial conflicts. Initially, arbitration was primarily embraced within commercial and international trade sectors, where parties sought faster, more specialised and confidential ways to resolve their disputes outside the often slower public court system. The Argentine Civil and Commercial Codes historically recognised and promoted arbitration agreements, reflecting a legal culture that values party autonomy. Over time, Argentina developed a sophisticated arbitration framework, with significant influence from European civil law traditions. Domestic arbitration became common in commercial contracts, while international arbitration gained traction with Argentina's growing participation in global commerce. The country's accession to international treaties, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), further integrated Argentina into the global arbitration system.
However, Argentina's relationship with arbitration has not been without complexity. Following its economic crises, particularly in the early 2000s, the state faced multiple high-profile investor-state arbitrations under bilateral investment treaties (BITs), often administered by institutions like ICSID. These cases tested the balance between protecting national sovereignty and honouring international obligations. In recent years, Argentina has taken steps to modernise its arbitration regime. The enactment of the International Commercial Arbitration Law (Law No. 27.449) in 2018, which closely follows the UNCITRAL Model Law, marked a major milestone. This law provided clearer standards for international arbitration proceedings seated in Argentina, enhanced enforceability of awards and aligned Argentina with global best practices. Today, arbitration in Argentina continues to grow in importance, both domestically and internationally. Institutions like the Buenos Aires Stock Exchange Arbitration Court and the Business Center for Mediation and Arbitration (CEMA) offer structured forums for dispute resolution. Meanwhile, Argentina's legal community, increasingly engaged with international arbitration networks, positions the country as a serious player in Latin America’s evolving arbitration scene.
As arbitration becomes even more integral to commercial relationships and investor confidence, Argentina’s ongoing commitment to strengthening its legal framework and cultivating a culture of dispute resolution will be critical to its economic and institutional future.