According to Argentina’s federal organization, lawsuits may be brought in provincial or federal courts. The choice depends on the applicable law. Some matters are reserved by the Argentine Constitution to federal laws, and only federal courts are competent to hear them.

Due to the country’s federal organization, each province has its own judicial branch, and there is also a federal judicial branch, with courts of original jurisdiction and of appeal throughout the Argentine territory.

The head of the federal judicial branch is the Supreme Court of Justice, which was inspired in the American Supreme Court, and has a similar jurisdiction. Cases brought in provincial courts can also resort to the Supreme Court via writ of certiorary (Recurso Extraordinario Federal) if a federal question arises during the proceedings.

Argentina’s constitution and laws contain all the most common judicial warranties such as the writ of mandamus (amparo action), habeas corpus, etc.

Arbitration, both at national and international level, has become very common in Argentina, especially for contracts with international point of contact. ICC, AAA and UNCITRAL rules are often referred to in those contracts.

Under the Argentine law, choice of law in matters where public policy is not involved is widely admitted. As to jurisdiction, the principle is that except for those few cases where the jurisdiction of Argentine Courts cannot be expanded, parties are entitled to choose foreign courts with regard to those matters that have international point of contact are and are only monetary in native.