Litigation | Abeledo Gottheil

Areas

Litigation

Abeledo Gottheil has vast experience in litigation, either before commercial, civil and administrative courts, in managing a large amount of cases with the aim to achieve effective solutions, as fast and as economically as possible. Our lawyers are grouped in working teams, and work together with technical consultants and professionals from other fields when required, in order to efficiently produce every type of necessary evidence.

Throughout the years Abeledo Gottheil Abogados developed an extensive experience in complex litigation matters, pending both before the national, federal and provincial courts and arbitration courts seated in different jurisdictions, and successfully intervening in many cases of public importance.

The excellence of our practice has been recognized by clients and colleagues, and our tea, m has been highlighted in international publications as an example or leaders in Litigations and Resolution of Disputes, such as Chambers and Partners, Who's who legal, The Legal 500, and Latin Lawyer 250, among others. Likewise, the members of our team, either partners or associates, have taken masters, LLM and specializations on the issue, both in Argentina and abroad.

Our experience in extraordinary appeals (both, at a federal and provincial level) has resulted in the issuance of multiple leading cases by the intervening Supreme Courts of Justice, which decisions were later on followed by the lower courts, generating thus case law in different matters; among many other judgments, we may mentioned the well-known leading cases obtained in favor of our clients before the Supreme Court of Justice of the Nation; “Rodríguez, Juan Ramón v. Compañía Embotelladora Argentina S.A. et alius, Appeal on Points of Fact “, dated April 15, 1993; “Municipality of Mercedes v. Arcor S.A.I.C., for collection of a debt of record”, August 27, 2012; “L´Oreal Argentina S.A. v. Municipality of Justo Daract, Administrative litigation Complaint”, dated December 16, 2014; and “Municipality of Junín v. Cadbury Stani Adams Argentina SAIC, for collection of a debt of record”, dated September 27, 2018.

Relevant experience

We have lawyers specialized in Procedural and Constitutional Law, who have extensively litigated in the following issues:

  • Class actions and collective proceedings.
  • Obtention and objection to precautionary measures preceding the consideration of the merits of the case and its contemporary issues.
  • Actions regarding constitutional guarantees, declaration of certainty, actions for the protection of constitutional rights.
  • Application of foreign law and jurisdiction issues.
  • Conflicts of jurisdiction between international and national courts.
  • Ordinary and extraordinary appeals before the Supreme Court of Justice of the Nation and Higher Courts of the Province.
  • Review of judicial decisions of administrative courts (e.g.: Central Bank of the Argentine Republic (Banco Central de la República Argentina), Secretariat of Commerce (Secretaría de Comercio), Fair Commercial Practices Bureau (Dirección de Lealtad Comercial), Antitrust and Consumer’s Protection Secretariat (Secretaría de Defensa de la Competencia y del Consumidor), Federal Administration of Public Revenues (Administración Federal de Ingresos Públicos), General Revenue Offices of the Provinces, National Lottery and Casinos, among others).
  • Enforcement of arbitration awards.
  • Enforcement of foreign judgments.

Some areas on which we legally represent our clients before courts are the following:

  • Contractual conflicts of commercial nature.
  • Liability for non-performance of business contracts.
  • Actions for non-performance of association agreements, joint ventures, and partners agreements.
  • Conflicts for accusation of unfair competition.
  • Damages derived from the abusive termination of contracts.
  • Liability for environmental damage.
  • Corporate conflicts and corporate liability actions.
  • Liability for manufacturing of defective products.
  • Liability of producers, manufacturers, distributors, grantors, car manufacturers, trademark owners, among others, for events or acts caused by third parties, whether or not related.
  • Liability derived from claims.
  • Liability derived from construction and services contracts.
  • Liability for malpractice.
  • Liability for professional service.
  • Liability for damages caused through the press (radio, television or written press).
  • Liability of the carrier and/or provider of services.
  • Liability of the organizers of events and public shows.
  • Liability for damages derived from illegal acts.
  • Conflicts derived from the maritime companies’ liability.
  • Conflicts derived from the fishing companies’ liability.
  • Conflicts related to liability derived from the provision of utilities.
  • Processes related to bids and tenders.
  • Objection to bidding processes and awards.
  • Actions to revoke governmental permits, public concessions and termination of contracts with the Government.
  • Actions on grounds of unconstitutionality both, against national, provincial, or municipal regulations.
  • Administrative litigation conflicts with enforcement authorities.
  • Tax conflicts / for assessment of unconstitutional taxes and rates.
  • Conflicts for imposition of municipal rates.
  • Controversial succession proceedings with international contacts.
  • Mortgage and pledge foreclosures.
  • Conflicts on intellectual property.
  • Conflicts on trademarks law.
  • Conflicts derived from comparative advertising.
  • Conflicts related to the Internet domains registration.
  • Collections in local and foreign currency.
  • Bankruptcy proceedings petitions, extension of bankruptcy and actions for damages arising out of insolvency.
  • Simple and complex eviction proceedings.

Offices

Av. Eduardo Madero 1020, 5th floor | C1106ACX

Buenos Aires | Argentina

(5411) 4516-1500

estudio@abeledogottheil.com.ar

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