What's So Special About Treaty Arbitration?

Law360, New York (December 16, 2013, 11:06 AM EST) -- On Dec. 2, 2013, the U.S. Supreme Court heard argument in BG Group PLC v. Republic of Argentina (No. 12-138) — its first-ever case involving international investment treaty arbitration. At issue before the court is the arbitrators’ authority to determine whether arbitration prerequisites have been satisfied and the courts’ role in reviewing these decisions. Notably, the Supreme Court may address whether judicial review of awards entered in investor-state arbitrations conducted under an investment treaty should be governed by the same standards as review of domestic arbitral...
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