Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1o . Approved the Amendment to the Protocol of Cooperation and JURISDICCIONAL ASSISTANCE IN MATERIA CIVIL, COMERCIAL, LABORAL AND ADMINISTRATIVE ENTRE STATES PARTIES OF MERCOSUR, signed in Buenos Aires on 5 July 2002, which consists of three (3) articles, whose authenticated photocopy is part of the present law. ARTICLE 2or . Contact the national executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DAYS OF THE SEPTEMBER OF THE YEAR DOS MIL CUATRO.
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EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.
PROTOCOL FOR COOPERATION AND JURISDICCIONAL ASSISTANCE IN CIVIL, COMMERCIAL, LABORAL AND ADMINISTRATIVE MATERIA BETWEEN STATES PARTIES OF MERCOSUR
The Governments of the Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, henceforth "States Parties";
INCLUDING the Protocol on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labour and Administrative Matters, signed between the States Parties of MERCOSUR in the Valley of Las Leñas, Argentina, on 27 June 1992;
CONSIDERING the Agreement on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labour and Administrative Matters between the States Parties of MERCOSUR and the Republic of Bolivia and the Republic of Chile, signed at the XVII Meeting of Ministers of Justice of the States Parties of MERCOSUR;
CONSCIENTS of the need to harmonize both texts.
ACUERDAN:
ARTICLE I
Modify Articles 1, 3, 4, 5, 10, 14, 19 and 35 of the Protocol on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labour and Administrative Matters between the States Parties of MERCOSUR, as follows:
"ARTICLE 1. The States Parties undertake to provide mutual assistance and extensive jurisdictional cooperation in civil, commercial, labour and administrative matters. Jurisdictional assistance in administrative matters shall refer, according to the domestic law of each State, to the administrative and administrative procedures in which remedies are admitted to the courts."
"ARTICLE 3. Nationals, citizens and permanent or habitual residents of one of the States Parties shall enjoy, under the same conditions as nationals, citizens and permanent or habitual residents of another State Party, free access to jurisdiction in that State for the defence of their rights and interests.
The preceding paragraph shall apply to legal persons constituted, authorized or registered in accordance with the laws of any State Party."
"ARTICLE 4.- No caption or deposit, whatever its denomination, may be imposed on the basis of the quality of a national, citizen or permanent or habitual resident of another State Party.
The preceding paragraph shall apply to legal persons constituted, authorized or registered in accordance with the laws of any State Party."
"ARTICLE 5. Each State Party shall send to the jurisdictional authorities of the other State Party, as provided for in articles 2 and 10, the appeals in civil, commercial, labour or administrative matters, where they are intended:
(a) Proceedings such as subpoenas, intimations or notices, locations, notifications or other such;
b) receiving or obtaining evidence."
"ARTICLE 10. Appeals may be transmitted through diplomatic or consular channels, through the respective Central Authority or by interested parties, in accordance with domestic law.
If the transmission of the letter is carried out through the Central Authorities or through diplomatic or consular channels, the requirement of legalization shall not be required.
If transmitted through the party concerned, it shall be legalized to the diplomatic or consular agents of the requested State, unless the requirement of legalization or substituted by other formality has been abolished among the requesting and requested States.
The letters and documents accompanying them must be written in the language of the requesting authority and be accompanied by a translation into the language of the required authority."
"ARTICLE 14. The documents containing the application of the letter shall be returned by means and in the manner provided for in article 10.
When the exhortation has not been fulfilled in whole or in part, this fact, as well as the reasons for the failure to comply, shall be immediately communicated to the requesting authority, using the means referred to in the preceding paragraph."
"ARTICLE 19. The recognition and enforcement of arbitral awards and awards requested by the jurisdictional authorities may be processed through appeals and transmitted through the Central Authority or through diplomatic or consular channels, in accordance with domestic law.
Notwithstanding the provisions of the preceding paragraph, the party concerned may directly process the recognition or enforcement of the judgement. In such a case, the judgement must be duly legalized in accordance with the law of the State in which its effectiveness is sought, except that between the State of origin of the judgement and the State in which it is invoked, the requirement of legalization or substituted by another formality has been abolished."
"ARTICULO 35.- This Agreement shall not restrict the provisions of the Conventions that had previously been signed between the States Parties, as long as they are more beneficial to cooperation."
ARTICLE II
To correct articles 11 and 22 of the Portuguese text of the Protocol on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labour and Administrative Matters between the States Parties of MERCOSUR, for the purpose of harmonizing its wording with the respective articles 11 and 22 of the Spanish text which have the following wording:
"ARTICLE 11. The requesting authority may request from the requested authority the place and date on which the requested measure shall be effective in order to allow the requesting authority, the parties concerned or their respective representatives to appear and exercise the powers authorized by the law of the requested Party.
Such communication shall be made in due time through the Central Authorities of the States Parties".
"ARTICLE 22. When it comes to a judgement or an arbitral award between the same parties, based on the same facts and having the same object as that of another jurisdictional or arbitral proceedings in the requested State, its recognition and enforceability will depend on the fact that the decision is not incompatible with another previous or simultaneous pronouncement in the requested State.
In addition, execution shall not be recognized or proceeded, when a procedure has been initiated between the same parties, based on the same facts and on the same object, before any jurisdictional authority of the requested Party prior to the submission of the complaint to the jurisdictional authority which has pronounced the resolution of which the recognition is requested."
In the original text in Portuguese it says:
"Article 11: The required authority shall be able, attending a request of authoritye requirente, inform o lugar e a data em que a as requested will be fulfilled, a fim de permitting to authority requirente, as parties interessadas ou seus respective representatives possam comparecer e exercercer as faculdades authorized pea legislação da Parte requiere.
A referida comunicação deverá efetuar-se, com a devida antecedência, por intermédio das Authorities Centrais dos Estados Partes".
You must say:
"ARTIGO 11: A authoritye requerente poderá solicitar da autoridade requiere informação quanto ao lugar e a data em que a as requested will be fulfilled, a fim de permit a authoritye requerente, as parties interessadas ou seus respective representatives, possam comparecer e exercercer as authorized faculties pela legislação da Parte requiere.
A referida comunicação deverá efetuar-se, com a devida antecedência, por intermédio das Authorities Centrais dos Estados Partes".
In the original text in Portuguese it says:
"Artigo 22: Quando se trata de uma sentença ou de um laudo arbitral entre as mesmas parte, substantiatedo nos mesmos fatos, e que tenha o mesmo objeto de outro processo judicial ou arbitral no Estado requiere, seu reconhecimento e sua executoriedade dependerão decisão não seja incompatível com outro pronunciamento anterior ou
Do mesmo mode não se reconhecerá nem se actuará à execução, quando se houver initiated um procedimento entre as mesmas parts, substantiatedo nos mesmos fatos e sobre o mesmo objet, perante qualquer autoridade jurisdicional da Parte requiere, antes à apresentação da demanda perante a autoridade jurisdicional que teria pronunciado a decisão da
You must say:
"ARTIGO 22: Quando se trata de uma sentença ou de um laudo arbitral entre as mesmas parte, substantiatedo nos mesmos fatos, e que tenha o mesmo objeto de outro processo judirisdicional ou no Estado requiere, seu reconhecimento e sua executoriedade dependerão de que a decisão não seja incompatível si outro
Do mesmo mode não se reconhecerá nem se actuará à execução, quando se houver initiated um procedimento entre as mesmas parts, substantiatedo nos mesmos fatos e sobre o mesmo objet, perante qualquer autoridade jurisdicional do Estado requiere, antes à apresentação da demanda perante a autoridade jurisdicional que teria pronunciado a decisão da
ARTICLE III
This Amendment shall enter into force thirty (30) days after the date of deposit of the fourth instrument of ratification.
The Government of the Republic of Paraguay shall be the depositary of this Amendment and of the instruments of ratification, and shall send duly authenticated copies thereof to the Governments of other States Parties.
Made in the city of Buenos Aires, Argentina, at five (5) days of July 2002, in an original copy, in the Spanish and Portuguese languages, both texts being equally authentic.
