La Cámara de Senadores aprobó un proyecto de ley que otorga inmunidad a los bancos centrales extranjeros y sus activos
Date | 31 July 2014 |
Published date | 31 July 2014 |
Author | Luciano Ojea Quintana |
Law Firm | Marval O'Farrell Mairal |
El Proyecto establece que los bancos centrales extranjeros u otras autoridades monetarias extranjeras son inmunes a la jurisdicción de los tribunales argentinos, con algunas excepciones. Estas excepciones son: (a) consentimiento expreso manifestado por escrito tanto de forma previa al inicio de una controversia (ya sea a través de un tratado internacional, un contrato o un acuerdo de arbitraje) o mediante una declaración escrita posterior al inicio de dicha controversia, (b) reconvención basada en la misma relación jurídica o en los mismos hechos que la demanda principal, o (c) cuando la demanda versare sobre una actividad ajena a sus funciones propias. De este modo, el Proyecto establece a favor de los bancos centrales extranjeros u otras autoridades monetarias extranjeras una inmunidad restringida similar a la que otorga la ley N° 24.488 sobre inmunidad jurisdiccional de los estados extranjeros.
Asimismo, el Proyecto otorga inmunidad de ejecución y/o embargo en tribunales argentinos a los activos de un banco central extranjero o de una autoridad monetaria...
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