Trial costs in Argentina – foreign plaintiffs need not security for costs

by 29 Mar 2016Companies, Individuals, Litigation

Trial costs in Argentina have suffered a beneficial change. As from 1 August 2015, Argentina has in force a new and modern Civil and Commercial Code (the CCCN) setting out many changes as to private international law.

The equal treatment of foreign people has constitutional basis in Argentine law (National Constitution, Article Number 20). In accordance with said constitutional protection, the CCCN, in its Article Number 2,610, states that citizens and permanent residents of foreign countries are granted free access to jurisdiction to defend their rights and interests under the same conditions as the citizens and permanent residents of Argentina. Furthermore, it states that no security for costs or deposit may be imposed because of foreign nationality or residency.

This CCCN´S new provision enhanced the foreigner´s access to jurisdiction, trumping over the local procedural codes requiring posting a bond to file lawsuits unless the plaintiff was a national from or was domiciled in a country that had signed an international treaty or convention dispensing with the security for costs requirement.

As a result of this equal treatment principle before the national jurisdiction, foreign plaintiffs litigating in Argentina will not be required to comply with a security for costs.

Should you need assistance to litigate before Argentine Courts, please, contact us at your convenience.

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Mario E. Castro Sammartino

 

For additional information on these or any other issues related to doing business in Argentina, please, sign up for our Legal Blog or contact us at any time. Our publications exclusively express the author´s opinion and do not purport to be legal counsel on any case. Should you need it, you must consult with your trusted lawyer.​

 

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