How High Court Ruling Will Impact Int'l Arbitration In US

Law360, New York (March 12, 2014, 5:11 PM EDT) -- ​Expressly acknowledging its “importance … for international commercial arbitration,” on March 5, 2013, the U.S. Supreme Court issued a ruling in BG Group PLC v. Republic of Argentina, the court’s first-ever case involving international investment treaty arbitration.[1] Justice Stephen Breyer delivered the opinion of the court, holding that, absent express contractual language to the contrary, federal courts must review with deference an arbitrator’s interpretation and application of treaty provisions concerning prerequisites to arbitration, where such provisions do not implicate the arbitration agreement’s validity or scope.[2]...
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