ARGENTINA 6 B

Cámara Nacional de Apelaciones en lo Civil y Comercial Federal, Second Chamber, 1 July 2010

(Deutsche Ruckversicherung AG v. Caja Nacional de Ahorro y Seguro en Liquidación et al.)

01 - 07 - 2010

ARGENTINA 6 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLII (2017)
Jurisdiction Argentina
Summary

On 11 February 2010, the Court of Appeals (ARGENTINA 6 A) affirmed the order of the court of first instance that the claimant should pay the litigation tax established by the 1990 Law on Litigation Taxes in respect of all actions commenced before the Argentinian courts, because the present action, which sought exequatur of a US award, did not fall under any of the exemptions provided by the Law or other provisions. By the present decision, the Court dismissed the extraordinary appeal from the first decision, because it found that the latter was not at odds with the evidence of the case, nor did it fail to answer the appellant’s arguments adequately. Also, the appellant failed to substantively challenge the bases for the first decision. (See also ARGENTINA 6 A.)

Related topics
301

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.

Procedure for enforcement in general
ARGENTINA 6 B