Interpretation and Application of the New York Convention in Argentina

The Convention has not been the subject of much criticism in Argentina. The principal difficulty surrounding the application of the Convention concerns the lack of uniformity in its application. That is to say, a great number of Argentine courts are not aware of the need to interpret the Convention in light of its international character, and have shown a certain homeward trend. Argentine courts often compare the Convention’s provisions against domestic law, and apply either the rules of the Convention or domestic law accordingly. Yet on occasions, Argentine courts do not consistently apply the Convention or its provisions correctly. In general, however, Argentine courts have applied the Convention in a satisfactory way, and with a favorable trend to recognition of foreign arbitral awards.