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ARGENTINA 2026-1
Suprema Corte de Justicia, Province of Buenos Aires,13 April 2023, Case No. A-69572
(Milantic Trans. v. Ministerio de Producción de la Provincia de Buenos Aires and Astillero Rio Santiago)
ARGENTINA 2026-1
The Supreme Court of Justice of the Province of Buenos Aires reinstated the first instance decision granting exequatur of a London award rendered in respect of a shipbuilding contract, which had been previously reversed. In rendering this decision, the Court followed the guidelines of the decision of the Supreme Court of the Nation, which had held that the the appellate courts had acted against the constitutional due process clause by examining issues beyond the appeal against the award's enforcement, which only concerned the issue of costs.
(See also Argentina 2, Argentina 7, and Argentina 9.)
The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006.
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.