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Find a Lawyer in FloridaAbout Commercial Litigation Law in Florida, Argentina
Commercial litigation covers disputes that arise from business activity - for example contract breaches, shareholder fights, collection of commercial debts, disputes over commercial leases, distribution and franchise conflicts, and related matters. When the user says Florida, Argentina they are most likely referring to the neighborhood of Florida in Vicente López Partido, in the Province of Buenos Aires. Commercial disputes there are decided under Argentine substantive law and by the courts that have territorial jurisdiction - normally provincial courts for local matters and national courts in certain federal matters.
Substantive commercial rules in Argentina are shaped by the national Civil and Commercial Code and by company and commercial regulations. The way disputes are run - procedural steps, timelines and court forms - depends on the procedural rules of the competent court, which are often provincial. Alternative dispute resolution - notably arbitration and mediation - is commonly used in commercial matters.
Why You May Need a Lawyer
You should consider hiring a lawyer if you are involved in any business dispute where legal rights, company governance or money are at stake. Common situations that require legal help include:
- A counterparty has breached a commercial contract and will not negotiate a settlement
- You need to collect unpaid invoices or enforce a court award
- Shareholders or partners disagree about management, distributions, or sale of the business
- A supplier or distributor has violated a franchise or distribution agreement
- A tenant or landlord has a commercial lease dispute
- Your business faces insolvency or restructuring proceedings
- You need urgent court measures to freeze assets, preserve evidence or stop a damaging act
- You need to enforce or resist enforcement of foreign judgments or arbitral awards
Commercial litigation is technical and often time-sensitive. A local lawyer helps you assess jurisdiction, prepare the correct pleadings, seek provisional relief, comply with court rules, and protect rights through negotiation, mediation, arbitration or trial.
Local Laws Overview
Key legal features that affect commercial litigation in Florida, Argentina include:
- Substantive framework - The national Civil and Commercial Code governs contracts, obligations, liability and many company-law topics. Corporate law rules regulate the formation, governance and dissolution of commercial companies.
- Procedural rules - Civil and commercial procedure is largely governed by procedural codes and rules that vary by court and by province. For matters arising in Florida (Vicente López), provincial civil and commercial procedure will usually apply. Federal jurisdiction may apply in specific cases such as federal-question matters or when federal courts have exclusive competence.
- Alternative dispute resolution - Arbitration and mediation are widely used in commercial disputes. Argentina is a party to international instruments that facilitate recognition and enforcement of arbitral awards, and many commercial contracts include arbitration clauses.
- Provisional remedies - The courts can grant medidas cautelares - provisional measures - such as attachments, injunctions, provisional seizures and orders to preserve evidence. Those measures are critical when assets may be dissipated or evidence may be lost.
- Evidence - Argentina follows a civil-law style evidence system. Disclosure and evidence production are judge-directed and more limited than in common-law jurisdictions. The judge plays an active role in assembling and assessing evidence.
- Statutes of limitation and time limits - Prescriptive periods apply to commercial claims and vary by type of claim. Some periods can be relatively short, so prompt action is important.
- Costs and fees - Litigation involves court fees, attorney fees and expert fees. Fee arrangements vary - fixed, hourly, or mixed - and contingency-fee arrangements are less common and often regulated. Recovery of costs from the losing party is partial and differs from common-law practice.
- Economic context - Argentina s economic conditions - inflation, currency controls and exchange rate changes - often affect contract performance, damages quantification and enforcement. Contracts commonly include price-adjustment, indexation or foreign-currency clauses to manage this risk.
Frequently Asked Questions
What kinds of disputes are handled as commercial litigation?
Commercial litigation covers disputes between businesses and commercial parties - contract breaches, payment and collection issues, shareholder and corporate governance conflicts, disputes over commercial leases, distribution and franchise conflicts, intellectual property in a commercial context, competition issues and insolvency or bankruptcy disputes.
Do I have to sue in Florida, Argentina or can I sue elsewhere?
Jurisdiction depends on the contract terms, where the parties carry out their obligations, and the type of claim. If the contract has a jurisdiction clause, courts will usually respect it, but enforcement may require local proceedings. For local business activity in Florida, the competent provincial courts are often the right forum. A lawyer can advise on forum selection and related risks.
How long does a commercial lawsuit usually take?
Timelines vary widely. Simple cases can take several months, while complex commercial disputes with appeals can take years. Obtaining provisional measures is usually faster, but full resolution, including appeal stages, can be lengthy. Consider arbitration for potentially faster resolution, depending on the arbitration rules and the parties involved.
Can I use arbitration or mediation instead of court?
Yes. Arbitration and mediation are common in Argentina. Many commercial contracts include arbitration clauses. Mediation is also widely used and, in some cases, mandatory before starting litigation. Arbitration awards are generally enforceable under international conventions, and mediation can provide quicker, less public solutions.
What provisional remedies are available to protect my interests?
Courts can order provisional measures such as attachments and seizures of assets, injunctions to stop a party from acting, orders to preserve documents or evidence, and provisional payments in specific circumstances. These measures are granted based on urgency, risk of harm and prima-facie rights.
How does evidence gathering work in Argentine commercial cases?
Evidence procedures are judge-centered. Parties present requests for evidence to the judge, who orders document production, expert examinations and witness statements as needed. There is no broad pre-trial discovery like in some common-law systems. Timely preservation of documents and evidence, and precise requests to the court, are essential.
What are the likely costs of commercial litigation?
Costs include attorneys fees, court filing and procedural fees, expert and valuation costs, and possible translation or expert witness expenses. Lawyers may require advances for court costs. Recovering costs from an unsuccessful opponent is limited and may not cover full legal expenses. Ask potential lawyers for a clear fee estimate and billing structure.
Can I recover a foreign judgment or arbitral award in Argentina?
Arbitral awards are generally easier to enforce because Argentina recognizes international arbitration and is party to conventions that facilitate enforcement. Enforcement of foreign court judgments requires a local recognition proceeding - exequatur - and can be complex. Enforcement can be affected by public policy, jurisdictional objections, and procedural formalities.
What happens if the other party is insolvent?
If the counterparty is insolvent, there are formal restructuring and bankruptcy procedures under Argentine law. Creditors must participate in those processes and claims are handled according to the insolvency framework. Early advice from a lawyer helps you protect priority claims and consider provisional measures to preserve assets.
How do I choose the right commercial litigation lawyer in Florida, Argentina?
Look for a lawyer with specific commercial litigation experience, knowledge of local courts and procedural rules, and experience with the industry involved. Verify language skills, fee structure, and references. A first consultation should clarify strategy, likely costs, timelines and possible alternative dispute resolution options.
Additional Resources
Ministry of Justice and Human Rights of the Nation - national information about arbitration, mediation and judicial resources.
Poder Judicial de la Provincia de Buenos Aires - for court locations, procedural rules and court calendars relevant to Vicente López and nearby districts.
Colegio de Abogados local or provincial - for lawyer referrals, disciplinary information and guidance on finding qualified counsel in the Vicente López / San Isidro area.
Cámara Argentina de Comercio y Servicios - business guidance and dispute resolution resources relevant to commercial actors.
Chambers of commerce, local arbitration and mediation centers, and industry associations - these can provide ADR services, model clauses and sector-specific guidance.
Next Steps
1. Gather key documents - contracts, invoices, correspondence, board minutes and any evidence of the dispute. Chronologically organize what happened and note dates and amounts.
2. Seek an initial consultation with a lawyer experienced in commercial litigation. Expect to discuss jurisdiction, timelines, costs and possible interim measures.
3. Consider sending a demand letter - a lawyer can draft a clear demand to start settlement discussions or to demonstrate readiness to litigate.
4. Evaluate alternative dispute resolution - mediation or arbitration may offer faster, confidential and business-friendly solutions.
5. Preserve evidence and consider provisional remedies - if there is a risk of asset dissipation or lost evidence, ask your lawyer about urgent measures the court can grant.
6. Agree on a fee arrangement and engagement letter - confirm who will handle the case, reporting intervals and billing arrangements before work begins.
7. Stay informed and participate - commercial litigation benefits from active client involvement, especially when business decisions and settlement choices are required.
If you are unsure where to start, contact the local Colegio de Abogados for referrals to qualified commercial litigators and request an initial case assessment. Acting promptly helps protect legal rights and preserves remedies.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.