Private International Law
Private
Private
International Law
Expert advice on jurisdiction, applicable law, international contracts, arbitration, and cross-border legal relations.
Free consultation
Expert advice on jurisdiction, applicable law, international contracts, arbitration, and cross-border legal relations.
Free consultationAs international lawyers specializing in private international law, we advise individuals, families, and businesses with legal situations that cross borders. Our firm provides legal representation in Argentina and coordination with allied counsel in multiple jurisdictions, covering the federal, provincial, and international spheres to ensure the effective protection of our clients' rights.
In international family matters, we handle international divorces, exequatur proceedings and registration of foreign judgments, international child return under the 1980 Hague Convention, international visitation and custody arrangements, international child support through the New York Convention, international filiation, surrogacy, and international adoption. Each case requires a personalized approach that takes into account the particularities of the jurisdictions involved.
In property and commercial matters, we assist with the drafting and negotiation of international contracts, arbitration clauses, international commercial arbitration under the New York Convention, enforcement of foreign arbitral awards, international estates with assets in different countries, international wills, inheritances with heirs abroad, and community property regimes in cross-border marriages.
We operate within the framework of the Argentine Civil and Commercial Code (arts. 2594 to 2671), the bilateral and multilateral treaties ratified by Argentina, the Hague Conventions, the CIDIP Conventions, and the Treaties of Montevideo. We handle international judicial cooperation, letters rogatory, the Hague Apostille, consular legalization, and certified public translation to give validity to documents abroad.
We advise on the drafting, negotiation, and execution of international contracts, including the choice of applicable law, jurisdiction clauses, arbitration clauses, and forum selection. We represent clients in international commercial arbitration under the International Commercial Arbitration Law and the New York Convention, and manage the enforcement of foreign arbitral awards in Argentina. We work with international distribution agreements, franchise agreements, licensing agreements, international sales (CISG), and cross-border joint ventures.
We represent clients in international divorce proceedings, determining the competent jurisdiction and applicable law based on the last marital domicile. We manage the exequatur of foreign divorce judgments for their recognition and enforcement in Argentina, including the registration of a foreign divorce with the Civil Registry. We advise on international matrimonial property regimes, division of community property with foreign elements, and homologation of foreign family law judgments.
We handle cases of international child abduction and wrongful retention, representing parents seeking the return of their children to the country of habitual residence under the 1980 Hague Convention. We act before the Argentine Central Authority (Ministry of Foreign Affairs) and directly before the competent courts. We advise on international visitation rights, cross-border contact, international custody, and wrongful removal, ensuring the protection of the child's center of life and compliance with procedural deadlines.
We advise heirs and legatees in international estates with assets in Argentina and abroad, determining the applicable law based on the deceased's last domicile and the location of real property. We handle declarations of heirs with international elements, recognition of foreign wills, remote probate for heirs residing abroad, and the transfer of assets across different jurisdictions. We coordinate parallel probate proceedings when assets are located in multiple countries.
We represent parents in international child support claims when the obligor resides in another country. We channel requests through the New York Convention on the Recovery Abroad of Maintenance, the Inter-American Convention on Support Obligations (CIDIP IV), and international letters rogatory. We manage the establishment, modification, and enforcement of international child support orders, coordinating with the Ministry of Foreign Affairs as the forwarding authority and with allied firms abroad.
We advise on international filiation matters, including recognition of children born abroad, registration of foreign births in Argentina, and the option to obtain Argentine nationality. We provide legal representation in international gestational surrogacy, coordinating the legal framework across jurisdictions to ensure filiation and the rights of intended parents. We also handle international adoption proceedings under the 1993 Hague Convention.
We handle the Hague Apostille for Argentine public documents that need to be presented abroad, and consular legalization for countries not party to the Convention. We assist with processing before the Ministry of Foreign Affairs and the TAD online platform, and coordinate certified public translations. We advise on the validity of foreign documents in Argentina and the requirements for their use in judicial and administrative proceedings.
We analyze and resolve issues of international judicial jurisdiction, determination of applicable law, application of foreign law before Argentine courts, and coordination of litigation in multiple jurisdictions. We advise on conflict-of-law rules, connecting factors, renvoi, international public policy, forum shopping, and the scope of exclusive and concurrent jurisdiction under the Civil and Commercial Code and applicable international treaties.
Private international law is the branch of law that governs legal relationships between persons or entities from different countries. It deals with determining which court has jurisdiction to resolve a dispute (jurisdiction), which law applies to the case (applicable law), and how judgments rendered in one country are enforced in another. It covers areas such as international contracts, family law, estates, arbitration, and cross-border commerce.
International arbitration is a dispute resolution mechanism in which the parties agree to submit their dispute to one or more arbitrators instead of resorting to national courts. The proceedings are confidential, faster than litigation, and the arbitral award is binding and enforceable in more than 160 countries under the New York Convention. It is the preferred method for resolving disputes arising from international commercial contracts.
If a child has been wrongfully removed or retained outside their country of habitual residence, the 1980 Hague Convention establishes a mechanism for immediate return. In Argentina, the procedure is initiated before the Central Authority (Ministry of Foreign Affairs) or directly before a judge. It is essential to act quickly, as time limits are critical to the success of the return.
To enforce a foreign judgment in Argentina, a judicial procedure called exequatur is required, through which an Argentine judge verifies that the judgment meets certain requirements: that it was issued by a competent court, that the defendant had the opportunity to be heard, that it is not contrary to Argentine public policy, and that it is final. Bilateral and multilateral treaties may simplify this process.
The law applicable to an international contract depends first on what the parties have agreed upon (party autonomy). If there is no agreement, the conflict-of-law rules of the competent forum apply, which generally refer to the law of the place of performance or the law with the closest connection. A specialized lawyer can advise on the most convenient choice of law to protect your interests.
A divorce exequatur is the judicial procedure through which a divorce judgment issued abroad is recognized in Argentina. The Argentine judge verifies that the judgment meets formal requirements: competent court, due process, res judicata, and compatibility with Argentine public policy. The process usually takes between 6 and 12 months, depending on the court and whether a bilateral treaty exists with the country of origin. Once approved, it allows the divorce to be registered with the Civil Registry.
To register a foreign divorce in Argentina, you must first obtain a judicial exequatur. Once the foreign judgment is recognized by an Argentine judge, it is submitted to the corresponding Civil Registry for marginal notation on the marriage certificate. You need the apostilled or legalized judgment, translated by a certified public translator, and the judicial exequatur ruling.
International child support claims can be channeled through the New York Convention on the Recovery Abroad of Maintenance (1956), the Inter-American Convention on Support Obligations (CIDIP IV), or through international letters rogatory. In Argentina, the Ministry of Foreign Affairs acts as the forwarding authority. The procedure allows you to claim the establishment, modification, or enforcement of a child support order against a parent residing in another country, without the need to establish domicile abroad.
The Hague Apostille is a certification that validates the authenticity of a public document for use in any of the member countries of the 1961 Hague Convention. In Argentina, it is processed through the Ministry of Foreign Affairs or the TAD online platform. It replaces traditional consular legalization and allows documents such as birth certificates, university degrees, powers of attorney, and court judgments to have legal validity in more than 120 countries.
An international estate requires determining the applicable law based on the deceased's last domicile and the location of the assets. In Argentina, real property is governed by Argentine law (art. 2644 CCyCN) and movable property by the law of the last domicile. If there are assets in several countries, it may be necessary to initiate parallel probate proceedings in each jurisdiction. A specialized lawyer coordinates the declaration of heirs, the recognition of foreign wills, and the transfer of assets to the heirs.
Every situation is unique. Tell us about your case and our team will contact you within the next 24 business hours.
Suipacha 1111, 17th Floor
C.A.B.A., Buenos Aires
consultas@quinternofidanza.com
+54 9 11 2393-0687
Suipacha 1111
17th Floor, CABA
consultas@quinternofidanza.com
+54 9 11 2393-0687