Appeals—Argentina—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—Argentina—Q&A guide
  • 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.
  • 2. Are there appellate courts that hear only civil matters?
  • 3. Are appeals from administrative tribunals handled in the same way as appeals from trial courts?
  • 4. Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?
  • 5. If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.
  • 6. What are the deadlines for filing an appeal in a commercial matter?
  • 7. What are the key steps a litigant must take to commence an appeal?
  • 8. How is the documentation for appeals prepared?
  • 9. In commercial matters, may litigants appeal by right or is appellate review discretionary?
  • More...

Appeals—Argentina—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Argentina published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2021).

Authors: Marval O'Farrell Mairal—Pablo A Alonso; L. Santiago Soria

1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.

The Argentine judicial system is divided into federal and provincial courts. In principle, each of them is integrated with lower courts, courts of appeal and local supreme courts. The supreme judicial power is vested in the Supreme Court of Justice. Civil and commercial cases are decided by judges sitting without juries. The system is not one of stare decisis. Therefore, although the lower courts tend to follow decisions handed down by the higher courts (especially from the Supreme Court), the rulings of the higher courts are, as a rule, not binding upon lower courts.

The Argentine judicial system is structured as follows:

  1. federal courts, which are organised by the federal government;

  2. local courts, which are organised by each province; and

  3. courts of the city of Buenos Aires, which, although being called 'national courts', have jurisdiction only in the city of Buenos Aires.

Federal courts have jurisdiction over cases in which the dispute concerns an issue ruled by the National Constitution, national or federal law (with the reservations stated in

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