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ARGENTINA 7
Suprema Corte de Justicia, Province of Buenos Aires, 30 March 2016, A-69572
(Milantic Trans S.A. v. Ministerio de la Producción de la Provincia de
Buenos Aires, (Astilleros Río Santiago et al.)
ARGENTINA 7
The Supreme Court denied the appeal against a decision of the appellate court (ARGENTINA 2) which had denied recognition and enforcement of a London award rendered in respect of a contract for the construction of two vessels. The Supreme Court agreed with the lower court that recognition and enforcement would violate public policy – the fundamental principles enshrined in the Constitution – because no valid contract had been concluded between the parties and, as a consequence, no arbitration clause had come into existence. The construction contract was conditioned on the approval by a law of the Province of Buenos Aires. No such law had been enacted. Two subsequently enacted laws and one decree concerning a bank guarantee obtained by the Argentinean seller for building the vessels did not amount to the required legislative approval.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.