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U.S. Supreme Court to Hear an International Investment Treaty Arbitration Case

June 12, 2013

By JOSEPH R. PROFAIZER, IGOR V. TIMOFEYEV, & DANIEL PRINCE

The U.S. Supreme Court this week granted certiorari in its first-ever case involving arbitration requirements under an international investment treaty involving an arbitration requirement. The Court’s decision in this closely-watched case — BG Group PLC v. Republic of Argentina — may have significant impact on the authority of the arbitrators to determine whether arbitration prerequisites have been satisfied, and the courts’ role in the enforcement of international arbitral awards.

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