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ARGENTINA 2026-2
Cámara Nacional de Apelaciones en lo Comercial, Division F, 21 March 2024, Case No. 5061/2020
(Nextmedici S.R.L. v. Penumbra Inc.)
ARGENTINA 2026-2
In a short decision, the Court of Appeals affirmed the first-instance holding that the dispute between the parties should be referred to arbitration, based on the arbitration clause in the parties' distribution agreement.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.