Argentine Commercial Court of Appeals: arbitration cannot commence until parties execute agreement to submit "existing" disputes to arbitration | Practical Law

Argentine Commercial Court of Appeals: arbitration cannot commence until parties execute agreement to submit "existing" disputes to arbitration | Practical Law

In Wallaby SA v Despegar.com SA, Case No 117,120, a decision rendered on 25 February 2013, and published on 18 June 2013, the National Commercial Court of Appeals (Chamber A), seated in Buenos Aires, considered whether arbitration proceedings can commence before the parties execute an agreement to submit existing disputes to arbitration (compromiso arbitral), where the parties’ contract contained an arbitration clause for future disputes (cláusula compromisoria).

Argentine Commercial Court of Appeals: arbitration cannot commence until parties execute agreement to submit "existing" disputes to arbitration

by Francisco M. Gutiérrez (Partner) and Federico Campolieti (Senior Associate), M & M Bomchil
Published on 26 Jun 2013 • Argentina
In Wallaby SA v Despegar.com SA, Case No 117,120, a decision rendered on 25 February 2013, and published on 18 June 2013, the National Commercial Court of Appeals (Chamber A), seated in Buenos Aires, considered whether arbitration proceedings can commence before the parties execute an agreement to submit existing disputes to arbitration (compromiso arbitral), where the parties’ contract contained an arbitration clause for future disputes (cláusula compromisoria).