Extraordinary Order of the National Commercial Court of Appeals: enforcement of measures for the provision of a broader justice service within the framework of the flexibility of the quarantine.
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Litigation Department Report | Extraordinary Order of the National Commercial Court of Appeals: enforcement of measures for the provision of a broader justice service within the framework of the flexibility of the quarantine
Dear Sir or Madam,
Due to the public health emergency that Argentina is going through, in order to ensure the exercise of rights in Commercial jurisdiction, on May 12th, 2020, the National Commercial Court of Appeals issued an Extraordinary Order in order to enforce measures for the provision of a broader justice service within the framework of the flexibility of the quarantine established by Decree No. 459/2020.
The Extraordinary Order provided that, in accordance to the Order No. 14/2020 of the Supreme Court: (i) insofar as digital proceedings are involved and paper-based proceedings are not necessary, the following matters will be dealt by the assigned court and secretary: (a) digital filings of reorganization proceedings, being possible for judges to postpone the setting of the compliance with the acts listed in section 14 (3), (5), (8) and (10) of Law No. 24,522, (b) the submission of late proof of claims for credits recognitions provided that they were completely digitalized, (c) requests for prompt payment of labor credits (section 14 (11) and article 16 of Law No. 24,522), if it is materially possible due to the existence of sufficient digital records, (d) the approval of individual agreements submitted digitally, (e) to grant, modify, replace or withdraw precautionary measures in relation to proceedings that are in progress, provided that they are digitized and no paper-based proceedings or documents are required; (f) preliminary and pre-trial measures for production of evidence, as long as they can be complied by digital means and no paper-based proceedings or documents are required, (g) final or interlocutory judgments which judges consider that are in conditions to be issued without affecting parties´ or lawyers´ rights and taking into account that it does not imply the enablement of the judicial recess for the subsequent acts, and (h) decisions fixing professional fees in all procedures, when it is possible to comply it by digital means and no paper-based proceedings or documents are required, (ii) the provision of the service of justice must be performed, as matter of priority, by the judges of the Commercial Jurisdiction, officials and those employees who have the appropriate technical means for remote work, (iii) the lawsuits initiated that cannot be postponed since they contain urgent claims which do not admit any delay, will be of exclusive jurisdiction of the court of duty, without prejudice to the cooperation that may be required from the natural judge and the provisions of point (ii) above, clarifying: (a) that any paperwork that requires the attendance of people who do not belong to the National Judicial Branch will be ordered by the judge on duty and they will be fulfilled in the place where the judge complies his duties, (b) that an e-mail address will have to be created for formulating enquiries and establishing shifts according to Annex III of the Order 14/2020, and (c) that, when necessary, the judge on duty can delegate the execution of proceedings listed in point (iii) (a) and (b) on the natural judge, (iv) this regime will also apply, with the necessary adjustments, to the appeals filed before this Court of Appeals, and (v) the other guidelines established with respect to the remote handling of the issuance of payments requested, in the Extraordinary Order of the National Commercial Court of Appeals on duty of 2nd and 3rd April, and the processing of admitted matters in the Extraordinary Order of 20th April, are still in force.
Should you require any further information on this matter please do not hesitate to contact us.
Sincerely,
Eduardo J. Güemes
Martín Gastaldi
Gonzalo García Delatour
Federico Sosa