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ARGENTINA 3
Cámara Federal de Apelaciones, City of Mar del Plata, 4 December 2009
(Far Eastern Shipping Company v. Arhenpez S.A.)
ARGENTINA 3
No prior exequatur is required to seek enforcement of a foreign award under the New York Convention. The appellate court then found that the lower court erred in granting enforcement ex parte and without giving reasons, in application of incorrect provisions of the Argentinean Code of Civil Procedure; by so doing, it violated the respondent’s right to due process. Also, the lower court should have considered that the petitioner failed to submit a duly certified translation of the award and a certification of the signature of the arbitrator who rendered the award.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.