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Commercial litigation in San Justo, a main locality in the partido of La Matanza in the province of Buenos Aires, covers legal disputes that arise from commercial relationships, business contracts, corporate governance and insolvency matters. Most commercial cases involving private parties are heard in the provincial civil and commercial courts - typically the Juzgados Civiles y Comerciales that act at first instance in the local judicial department - with appeals decided by provincial appellate chambers. Procedures are governed by a mix of national substantive rules, notably the Civil and Commercial Code of the Nation, and provincial procedural rules that determine how cases are pleaded, evidence is offered and judgments are enforced. Alternative dispute resolution - notably arbitration and mediation - is also commonly used in business disputes in the Buenos Aires metropolitan area and can offer faster, more confidential outcomes.
Commercial disputes often involve complex facts, strict procedural deadlines and legal concepts that can materially affect your rights and liabilities. You may need a lawyer if you face any of the following situations:
- A counterparty has failed to perform contractual obligations - non-payment, defective delivery, or breach of service agreements.
- There are disputes among shareholders, partners or directors about governance, profit distribution, or corporate acts.
- You need to collect a commercial debt and require judicial collection measures or enforced recovery.
- A supplier, client or landlord initiates litigation against you, or you need to defend claims for damages.
- Your business faces insolvency - concurso preventivo or bankruptcy - and you must negotiate with creditors or restructure obligations.
- Urgent provisional measures are required - for example, an embargo - to secure assets while a claim proceeds.
- You need to enforce a foreign judgment or a foreign arbitral award in Argentina, or defend against enforcement attempts.
- There are consumer protection claims or regulatory disputes that can carry administrative sanctions in addition to civil liability.
Key legal features that commonly affect commercial litigation in San Justo include the following:
- Substantive law - The Civil and Commercial Code of the Nation governs contractual obligations, commercial acts, corporate law concepts that apply nationwide. The Code sets out rules on contract formation, breach remedies, liability and prescription periods for many actions.
- Procedural law - Court procedure is governed by the procedural code of the Province of Buenos Aires and local court rules. These rules determine filing requirements, document formats, evidence procedures, timing for appeals and the use of provisional measures - medidas cautelares - such as embargoes and provisional injunctions.
- Insolvency regime - Insolvency and reorganization procedures for companies are regulated by national insolvency rules and local practice. Key options include preventive reorganization procedures and liquidation processes, which are adjudicated by civil and commercial courts with specialised chambers handling concursos and quiebras.
- Consumer protection - National and provincial consumer protection rules can apply if a claim involves consumers. Consumer laws tend to be protective of the consumer and allow for administrative procedures and civil claims, often with the possibility of collective actions.
- Arbitration and mediation - Commercial parties are free to agree to arbitration and mediation. Arbitral awards are enforceable in Argentina under national arbitration law and international conventions to which Argentina is a party. Many businesses prefer arbitration for speed and confidentiality, but the precise model and enforceability clauses should be well drafted.
- Enforcement - Once a judgment or arbitral award is final, enforcement is carried out through the execution procedures of the provincial courts. Creditors may request asset seizures, garnishments and public auctions, subject to specific rules and exemptions.
- Registration and corporate formalities - Corporate disputes often turn on registered company records, powers of attorney, and corporate minutes. The provincial public commerce registry and national registries contain important evidence for many commercial disputes.
Most ordinary commercial disputes between private parties are heard by the civil and commercial courts of the judicial department in which the defendant resides or where the contractual obligation should be performed. If the dispute concerns federal matters - for example, certain customs or federal tax issues - it may fall to federal courts. A local lawyer can quickly identify the competent court based on the facts and the relief you seek.
Starting a lawsuit generally requires drafting and filing a complaint or petition that sets out the facts, legal grounds and the relief sought, together with attachments that support your claim. The court will serve the defendant and set a schedule. Because of procedural formalities and strict timelines, engaging a lawyer to prepare and file the case is strongly recommended.
Timing varies widely. Uncontested claims and effective settlements can be resolved in months, while contested litigation that goes through appeals may take several years. Use of provisional measures, effective document preparation and willingness to mediate or arbitrate can shorten the calendar.
Yes. Argentine courts can grant provisional measures - medidas cautelares - such as an embargo or injunction to secure assets or prevent imminent harm. These measures typically require a strong prima-facie showing of the claim and justification for the urgency and will often need some form of guarantee or bond from the applicant.
Written contracts, invoices, correspondence, delivery receipts, bank records, minutes of meetings and expert reports are often critical. Witness statements and forensic accounting can also play an important role. Courts place high value on documentary evidence, so preserving original records and maintaining a clear audit trail is essential.
Yes. Arbitration clauses are generally respected and arbitral awards are enforceable in Argentina under national arbitration law and international treaties. However, the enforceability may depend on how the clause is drafted, the subject matter of the dispute and whether mandatory consumer or employment protections apply.
Lawyers may charge hourly rates, fixed fees for specific services, or contingent fees for certain recovery matters. Additionally, you should budget for court filing fees, expert fees and costs for enforcement actions. Ask prospective lawyers for a clear fee agreement and an estimate of expected costs and possible outcomes during the initial consultation.
You can pursue a claim against a foreign company that has assets or presence in Argentina. Enforcing a foreign judgment requires a separate recognition and enforcement procedure before Argentine courts - the success of which depends on reciprocity principles, public policy limits and observance of due process in the foreign proceeding. Foreign arbitration awards are usually easier to enforce under the applicable conventions, but local procedures still apply.
If a judgment is not voluntarily complied with, the successful party may request execution measures from the court - such as asset seizures, bank garnishments and public auctions. Enforcement may require locating assets and dealing with third parties. In some cases, additional criminal or administrative remedies may be available when fraud or bad faith is involved.
Prevention is key. Use clear, written contracts with well-drafted clauses on scope, pricing, termination, jurisdiction and dispute resolution. Maintain proper corporate records, keep invoices and communications archived, consider arbitration clauses when appropriate and consult a lawyer to review practices that reduce litigation risk. Early negotiation or mediation often resolves conflicts at lower cost.
Useful institutions and resources to consult if you need information or assistance include local judicial offices and administrative bodies - for example, the civil and commercial courts that serve La Matanza and San Justo - as well as provincial justice departments. The provincial public commerce registry provides company registration records that are often important in disputes. Consumer protection offices - national and provincial - handle consumer complaints and provide guidance where consumer law applies. Local and provincial bar associations can help you locate qualified commercial litigators and verify credentials. Mediation and arbitration centers - including chambers of commerce and private arbitration institutions - offer alternatives to litigation and may provide procedural rules and lists of arbitrators or mediators. Finally, national and provincial ministry offices responsible for justice and insolvency matters can provide official information about bankruptcy procedures and regulatory requirements.
If you believe you need legal assistance in commercial litigation in San Justo, follow these practical steps:
- Preserve documents and evidence - gather contracts, invoices, correspondence, bank records, corporate minutes and any other materials that relate to the dispute. Store originals safely and make organized copies.
- Note deadlines - identify any contractual deadlines, payment terms or potential prescription periods and act quickly to avoid losing rights.
- Arrange an initial consultation - meet with a lawyer experienced in commercial litigation in the province of Buenos Aires. Provide a concise chronology, the main documents and a clear explanation of the relief you seek.
- Discuss strategy and costs - ask about likely timelines, legal strategies, alternatives such as mediation or arbitration, and a clear fee arrangement including court costs and estimated expert fees.
- Consider provisional measures - if assets may be dissipated or the business is at immediate risk, ask your lawyer whether a protective measure - such as an embargo - is appropriate and what guarantees would be required.
- Explore settlement options - many commercial disputes resolve through negotiation, mediation or structured settlement. Consider whether a negotiated outcome meets your business goals and minimizes costs.
- Verify credentials - confirm the lawyer is authorized to practice before provincial courts and has experience with similar commercial disputes and with enforcement procedures in the Buenos Aires metropolitan area.
Taking these steps will help secure your rights and position you for a clearer evaluation of the legal route that best matches your commercial and financial objectives.
