the Third Chamber of Civil and Commercial Appeals in Mendoza A few days ago, it issued a ruling that confirmed the arbitration award in its entirety, thus ratifying a conviction against a local business group for breach of a mandatory sales contract to the detriment of a Spanish company.
Waiters Gustavo Colotto, Claudia Ambrosini and Sebastian Marquez Lamina I ratified a joint millionaire ruling that General Arbitration Court of the Mendoza Stock Exchange imposed on the local economic community.
The ruling sets a relevant legal precedent, by refusing to review the merits of the commercial dispute, thus establishing the principle The arbitration system is an independent and final means of resolving commercial disputes. The Chamber explained that its function is not to issue a new ruling, but rather to ensure the implementation of the arbitration process while providing appropriate official guarantees.
The essence of the Court of Appeal’s ruling did not focus on who was right in the commercial dispute, but rather on the limits of its intervention. The court devoted its analysis to explaining why it could not act as a “second instance court” to re-evaluate the evidence or interpret the contract already presented by the Mendoza Stock Exchange Court.
In a unanimous decision, the Chamber decided that the appeals submitted by both parties were “poorly received”, because the statutory arbitration awards are not subject to appeal, with an appeal of annulment being the only means of judicial review.
With this decision, Judge Mendoza works to strengthen one of the fundamental institutions for encouraging investments in Argentina: legal security.