28 Apr Choosing the jurisdiction for suing or being sued in Argentina
Choosing the jurisdiction for suing or being sued in Argentina
Obviously, no one wants to be sued. But if you are in business in Argentina you need to understand that if you don’t have a contract that legally defines and restricts the correct place (KNOWN AS VENUE, in legalese) to file a suit against your business, you will be bound by the laws of Argentina. Being bound by the laws is not that simple. In fact, there are different interpretations of where the correct venue lies in this country.
That variance depends on each of the jurisdictions in Argentina. Argentina has determined that a party can sue you, the Defendant, in one of three separate locations. The three locations are (1) where you live or where your business entity has an office for the transaction of its customary business, (2) where the cause of action accrues, and (3) where the property that is the subject matter of the litigation is located. It is the second prong that has caused the most concern for an individual or corporate defendant.
There are many different ways Argentina’s Courts have interpreted accrual. An individual or a corporation could find himself/herself or itself defending anywhere from Buenos Aires to Cordoba or Mendoza. Therefore, if you are conducting business in any of these jurisdictions, our network of lawyers can assist in guiding your business in keeping any defense locally.