Justices Keep US Courts' Role In Global Arbitration In Check
By Keith Goldberg
Law360, New York (March 05, 2014, 7:38 PM ET) -- By deferring to Washington-based arbitrators who handled BG Group PLC and Argentina's dispute over a $181 billion arbitration award, the U.S. Supreme Court on Wednesday eased concerns that U.S. courts would have free rein to second-guess procedural decisions made by U.S.-based arbitration panels in bilateral investment treaty disputes.
In reversing a 2012 D.C. Circuit ruling that overturned the British natural gas exploration company's arbitration award over an investment in now-bankrupt Argentine gas distributor MetroGas SA, the high court majority said that arbitrators, not courts, have primary...