BG Group PLC v. Republic of Argentina
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Dec 2, 2013
|Mar 5, 2014||7-2||Breyer||OT 2013|
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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