Best Commercial Litigation Lawyers in Mar del Plata

About Commercial Litigation Law in Mar del Plata, Argentina

Mar del Plata, as a major commercial hub in Buenos Aires Province, hosts a wide range of disputes arising from trade, services and corporate activities. Commercial litigation includes breaches of contract, collection of invoices, corporate governance disputes, and disputes over commercial leases and supplier agreements. Local courts in Mar del Plata apply national civil and commercial rules together with provincial procedural provisions.

The substantive framework comes from national laws such as the Code Civil y Comercial de la Nación, which governs obligations, contracts and civil liability. The provincial courts then apply their own procedural rules for civil and commercial disputes in the Mar del Plata jurisdiction. For cross-border or complex matters, federal courts may also become relevant depending on the case and venue.

In practice, a Commercial Litigation matter in Mar del Plata typically involves pleadings, discovery or evidence gathering, a trial, and potential appeal. Early steps often include interim relief or precautionary measures to protect assets or preserve contractual rights while the case proceeds. Local attorneys interpret both national and provincial rules to pursue outcomes favorable to their clients.

El Código Civil y Comercial de la Nación establece las reglas sobre obligaciones contractuales, daños y responsabilidad civil aplicables en Argentina.

Source: Infoleg - Código Civil y Comercial de la Nación

La Ley de Sociedades Comerciales regula la constitución y funcionamiento de sociedades en Argentina.

Source: Infoleg - Ley 19.550

Why You May Need a Lawyer

• Breach of a supplier contract with a Mar del Plata-based vendor. A local business owner may need to sue for damages or seek performance if a supplier misses deliveries or fails to meet quality standards. An attorney helps determine the proper jurisdiction and the best remedy, including injunctive relief where necessary.
• Disputes with a tenant or landlord over a commercial lease. If a retailer in Mar del Plata faces eviction or rent disputes, a lawyer can assess notice validity, early termination rights, and damages claims, and may guide settlement negotiations.
• Disagreements among partners in a Mar del Plata company. Shareholder disputes or deadlock issues require counsel to pursue dissolution, buyouts, or governance changes under corporate law and the applicable provincial proceedings.
• Unpaid invoices from customers or clients headquartered in or serving Mar del Plata. A lawyer can pursue collection actions, impleadment of guarantors, and possible enforcement of judgments to recover funds efficiently.
• Cross-border sales or supply chains involving Mar del Plata businesses. Complex disputes may involve international sales terms, arbitration, and recognition of foreign judgments, requiring specialized litigation strategy.
• Disputes arising from commercial real estate development or construction projects in Mar del Plata. Contractors, developers, and property owners may need litigation to enforce warranties, payment terms, or defect claims against builders or suppliers.

Local Laws Overview

Código Civil y Comercial de la Nación, Ley 26994

The national Code Civil y Comercial de la Nación governs contracts, obligations, damages and civil liability across Argentina. It forms the substantive backbone for most commercial disputes. In Mar del Plata, this code applies to civil and commercial issues adjudicated in provincial and federal courts. The Code modernizes and consolidates various pre-existing civil rules into a unified framework for commerce and personal obligations.

Effective date: 1 August 2015. This code is binding for substantive rights and duties in civil and commercial matters. For procedural aspects, courts look to provincial rules and the national framework where applicable.

Source: Infoleg - Código Civil y Comercial de la Nación

Ley de Sociedades Comerciales, Ley 19.550

Law 19.550 governs the formation, operation, governance, and dissolution of commercial entities in Argentina. It is central to disputes involving corporate mismanagement, shareholder rights, capital structure, and corporate governance. In Mar del Plata, corporate disputes often rely on this law alongside the Code Civil y Comercial for substantive issues and on provincial procedural codes for process.

Reference: Ley 19.550 (Sociedades Comerciales) governs corporate entities and compliance obligations in Argentina.

Source: Infoleg - Ley 19.550

Ley de Concursos y Quiebras, Ley 24.522

Argentina's bankruptcy and insolvency regime, Law 24.522, regulates how businesses in distress reorganize or liquidate debts. It affects creditors and debtors in the Mar del Plata jurisdiction when insolvency proceedings are initiated. The law outlines types of concursos, admissibility, and fundamental procedural steps in restructurings and liquidations.

Source: Infoleg - Ley 24.522

Frequently Asked Questions

What is commercial litigation in Argentina?

Commercial litigation involves disputes arising from business activities, including contracts, corporate governance, and commercial leases. It is conducted in civil and commercial courts under national civil law and provincial procedures. The aim is to obtain damages, injunctions, or performance orders where appropriate.

How do I file a claim in Mar del Plata?

Start by organizing documents, contracts, invoices, and communications. File a complaint at the local civil court in Mar del Plata or the relevant provincial court. An attorney can assist with the pleadings, fees, and service of process to ensure proper jurisdiction and timeliness.

When does the statute of limitations apply to a contract claim?

Statutes of limitations vary by claim type. For contract disputes, you should consult a local solicitor to determine the applicable period and tolling rules in Buenos Aires Province. Missing deadlines can bar your claim.

Where are the Mar del Plata courts located for civil matters?

Mar del Plata houses several civil and commercial courts within the provincial judicial system. A local attorney can identify the correct court based on the matter, parties, and venue.

Why should I hire a local lawyer in Mar del Plata?

A local lawyer is familiar with the provincial procedural rules, court preferences, and local practices. They can coordinate with local experts, manage filings, and navigate local judges efficiently.

Can I represent myself in a commercial case?

In Argentina, it is possible to represent yourself, but it is risky in complex commercial disputes. A lawyer can interpret the law, manage evidence, and handle procedural steps more effectively.

Should I consider alternative dispute resolution?

Yes. Mediation or arbitration can be faster and more cost-effective for many commercial disputes in Mar del Plata. Some contracts require ADR before litigation, so review agreements carefully.

Do I need a retainer or advance on fees?

Most lawyers in Mar del Plata require a fee arrangement, which may include retainers, hourly rates, or fixed fees for specific tasks. Discuss costs upfront to avoid surprises later.

Is there any government or official guidance for litigation?

Yes. Official sources provide normative texts and procedural guidelines. See government portals such as Infoleg for laws and the national and provincial judiciary sites for procedural rules.

How long does a typical civil case take in Mar del Plata?

Timeline varies by complexity and court backlog. Simple claims may resolve in several months, while complex litigation can take a year or more. Your attorney can provide a more accurate estimate after reviewing the documents.

What costs should I expect besides attorney fees?

Expect court fees, expert fees, and potential costs for translations, and service of process. Contingent on the case, some costs may be recoverable if you prevail.

Do I qualify for legal aid in Mar del Plata?

Legal aid availability depends on income, asset levels, and case type. A local solicitor can advise on eligibility and any potential subsidized options.

Additional Resources

• Poder Judicial de la Provincia de Buenos Aires - Official authority supervising provincial courts, including civil and commercial courts in Mar del Plata. Function: administer and oversee provincial judicial proceedings, provide court information, and publish procedural rules. Website: www.justicia.gba.gov.ar
• Poder Judicial de la Nación - Federal judiciary administering federal courts and related procedures across Argentina. Function: handles federal civil, commercial and appellate matters; publishes judicial notices and procedural guidelines. Website: www.pjn.gov.ar
• InfoLEG - Portal of normative texts and official government documents. Function: provides access to the texts of national laws including the Civil and Commercial Code, corporate law, and bankruptcy law. Website: www.infoleg.gob.ar

Next Steps

1. Define your objective and gather documents. Clarify the desired outcome, collect contracts, invoices, emails, and related communications. Do this within 3 days to start fast.
2. Identify potential local lawyers in Mar del Plata. Search for at least 3 firms with commercial litigation experience. Allocate 1-2 weeks for initial screening.
3. Check credentials and track record. Verify licenses, bar association memberships, and recent case outcomes. Allow another 1 week for verification and notes.
4. Schedule initial consultations. Arrange meetings with 2-3 lawyers to discuss strategy, timelines, and costs. Plan for 1-2 weeks of scheduling time.
5. Request and compare engagement proposals. Obtain written fee structures, expected milestones, and retainer terms. Review within 1 week after consultations.
6. Make a decision and retain counsel. Select the best-fit attorney and sign the engagement agreement. Expect readiness to file within 1-3 weeks after retention, depending on filing readiness.