BG Group PLC v. Republic of Argentina
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-138 | D.C. Cir. | 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.
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.
SCOTUSblog Coverage
- Opinion analysis: Clear statement ruling in investor-state arbitration case leaves open question on U.S. bilateral treaties (Diane Marie Amann, March 6, 2014)
- Argument analysis: “Intellectual whiplash” over final word on investor-state arbitrability (Diane Marie Amann, December 4, 2013)
- Argument preview: Jurisdictional say-so in investor-state arbitrations (Diane Marie Amann, November 20, 2013)
- Petition of the day (Ben Cheng, October 31, 2012)
| Date | Proceedings and Orders |
|---|---|
| May 31 2012 | Application (11A1134) to extend the time to file a petition for a writ of certiorari from June 13, 2012 to July 13, 2012, submitted to The Chief Justice. |
| Jun 1 2012 | Application (11A1134) granted by The Chief Justice extending the time to file until July 13, 2012. |
| Jul 3 2012 | Application (11A1134) to extend further the time to file a petition for a writ of certiorari from July 13, 2012 to July 27, 2012, submitted to The Chief Justice. |
| Jul 6 2012 | Application (11A1134) granted by The Chief Justice extending the time to file until July 27, 2012. |
| Jul 27 2012 | Petition for a writ of certiorari filed. (Response due August 30, 2012) |
| Aug 20 2012 | Order extending time to file response to petition to and including October 1, 2012. |
| Aug 27 2012 | Motion for leave to file amicus brief filed by American Arbitration Association. |
| Aug 29 2012 | Motion for leave to file amici brief filed by Professors and Practitioners of Arbitration Law. |
| Aug 30 2012 | Motion for leave to file amicus brief filed by United States Council for International Business. |
| Aug 30 2012 | Motion for leave to file amicus brief filed by AWG Group Limited. |
| Oct 1 2012 | Brief of respondent Republic of Argentina in opposition filed. |
| Oct 17 2012 | DISTRIBUTED for Conference of November 2, 2012. |
| Oct 17 2012 | Reply of petitioner BG Group plc filed. (Distributed) |
| Nov 5 2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 10 2013 | Brief amicus curiae of United States filed. |
| May 21 2013 | DISTRIBUTED for Conference of June 6, 2013. |
| May 21 2013 | Supplemental brief of petitioner BG Group PLC filed. (Distributed) |
| Jun 3 2013 | Letter of June 3, 2013, from counsel for petitioner received. (Distributed) |
| Jun 5 2013 | Letter of June 5, 2013, from counsel for respondent received. (Distributed) |
| Jun 10 2013 | Motion for leave to file amicus brief filed by American Arbitration Association GRANTED. |
| Jun 10 2013 | Petition GRANTED. |
| Jun 10 2013 | Motion for leave to file amici brief filed by Professors and Practitioners of Arbitration Law GRANTED. |
| Jun 10 2013 | Motion for leave to file amicus brief filed by AWG Group Limited GRANTED. |
| Jun 10 2013 | Motion for leave to file amicus brief filed by United States Council for International Business GRANTED. |
| Jun 14 2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2013. |
| Jun 14 2013 | The time to file respondent's brief on the merits is extended to and including October 25, 2013. |
| Jun 14 2013 | Petitioner will file the reply brief on or before November 15, 2013. |
| Jul 26 2013 | Motion to dispense with printing the joint appendix filed by petitioner BG Group Plc. |
| Aug 9 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Aug 14 2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| Aug 26 2013 | Brief of petitioner BG Group Plc filed. |
| Aug 30 2013 | Brief amici curiae of Professors and Practitioners of Arbitration Law filed. |
| Aug 30 2013 | Brief amicus curiae of United States Council for International Business filed. |
| Sep 3 2013 | Brief amicus curiae of United States filed. |
| Sep 3 2013 | Brief amicus curiae of American Arbitration Association filed. |
| Sep 17 2013 | SET FOR ARGUMENT ON Monday December 2, 2013. |
| Sep 17 2013 | CIRCULATED |
| Sep 19 2013 | Record from U.S.D.C. for District of Columbia is electronic and located on PACER. |
| Oct 7 2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Oct 19 2013 | Record from U.S.C.A. for District of Columbia Circuit is electronic and located on PACER. |
| Oct 25 2013 | Brief of respondent Republic of Argentina filed. (Distributed) |
| Oct 25 2013 | Letter from counsel for respondent Republic of Argentina proposing a lodging of non-record materials filed. (Distributed) |
| Nov 1 2013 | Brief amicus curiae of The Republic of Ecuador filed. (Distributed) |
| Nov 1 2013 | Brief amici curiae of Practitioners and Professors of International Arbitration filed. (Distributed) |
| Nov 1 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 15 2013 | Reply of petitioner BG Group Plc filed. (Distributed) |
| Nov 18 2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 2 2013 | Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For United States, as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan I. Blackman, New York, N. Y. |
| Mar 5 2014 | Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Scalia, Thomas, Ginsburg, Alito, and Kagan, JJ., joined, and in which Sotomayor, J., joined except for Part IV-A-1. Sotomayor, J., filed an opinion concurring in part. Roberts, C. J., filed a dissenting opinion, in which Kennedy, J., joined. |
| Apr 7 2014 | JUDGMENT ISSUED. |
