Globalisation has led to the exponential growth of international private relations. The technological progress applied to telecommunications and to the transportation of people, data and goods has given way to an age of increased interconnectedness of the world’s societies. This phenomenon has accelerated at the turn of century, provoking major changes not only to the economy and society, but also in the law.

As a result, the issue of international jurisdiction has become one of the main legal challenges brought by globalisation. This is evidenced in the opinion of many local and foreign authors who consider that – though still relevant – choice-of-law has in practice been displaced by jurisdiction from the spotlight of international private law.

Due to increasing internationalisation, conflicts that transcend borders are more and more recurrent, exposing individuals to the risk of transnational litigation, while offering new challenges for policymakers and international cooperation. The growing importance of this area of international jurisdiction principles is particularly evident in corporate and commercial matters, thanks to the development of international trade and investment.

The Civil and Commercial Code that Argentina recently enacted has been receptive to this tendency of international private law, as it introduces several principles and basic rules on international jurisdiction.

Apr-Jun 2018 issue

Marval O’Farrell & Mairal