Commercial arbitration dates back to ancient times. It is the oldest heterocompositive method of dispute resolution.
In Argentina, it is regulated in the procedural codes, from the beginning of the national legislative organization.
Here, we will discuss the possibility of challenging an arbitration award.
Thus, we recall that –historically– a party can seek the annulment of an arbitration award based on: essential fault in the procedure, the legal dispute has been solved after deadline; the award contains decisions on matters beyond the scope of the submission to arbitration.
The new Civil and Commercial Code of the Argentine Republic (CCCN) was enacted through Act 26 994, in 2014. In this code the commercial arbitration contract was introduced and, within the regulations of this contract, it was legislated on the challenge of the arbitration award.
The rules on challenging the arbitration award contained in the CCCN -section 1656, second partthey turn out to be incompatible with Argentine procedural regulations on this point and, also, they are contrary to the spirit of this ancestral legal institute.