Whats So Special About Treaty Arbitration?: U.S. Supreme Court Confronts Its First International Investment Treaty Arbitration Case
By IGOR V. TIMOFEYEV, JOSEPH R. PROFAIZER & DANIEL PRINCE
On December 2, 2013, the U.S. Supreme Court heard argument in BG Group PLC v. Republic of Argentina (No. 12-138) — its first-ever case involving international investment treaty arbitration. At issue before the Court is the arbitrators’ authority to determine whether arbitration prerequisites have been satisfied and the courts’ role in reviewing these decisions.