Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 1.
On Monday the court hears oral argument in Packingham v. North Carolina. Amy Howe has our preview.
On Monday the court also hears oral argument in Esquivel-Quintana v. Sessions. Kevin Johnson has our preview.

Breaking News :

Breaking News :

BG Group PLC v. Republic of Argentina

Docket No. Op. Below Argument Opinion Vote Author Term
12-138 D.C. Cir. Dec 2, 2013
Tr.Aud.
Mar 5, 2014 7-2 Breyer OT 2013
 
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Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel to the petitioner in this case.

Holding: When reviewing an arbitration award made under an international treaty, U.S. courts should interpret and apply "threshold" provisions concerning arbitration using the framework developed for interpreting similar provisions in ordinary contracts. Under that framework, the local litigation requirement is a matter for arbitrators primarily to interpret and apply, and courts should review their interpretation with deference.

Plain English Summary:

Judgment: Reversed, 7-2, in an opinion by Justice Breyer on March 5, 2014. Justice Sotomayor filed an opinion concurring in part. Chief Justices Roberts filed a dissenting opinion, in which Justice Kennedy joined.

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Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in this case.   Issue: Whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satisfied.
Term Snapshot
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