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Uncertainty Continues to Loom Over BG Group v. Argentina After Supreme Court Oral Argument

It has been over two years since the DC Circuit Court of Appeals (“Circuit Court”) vacated an award in a bilateral investment treaty arbitration (BG Group PLC v. Republic of Argentina (UNCITRAL)) concluding that the panel did not have authority to adjudicate the dispute because the claimant had not satisfied a pre-arbitration requirement, namely, litigating before the local courts and waiting 18 months to commence arbitration. The decision surprised many in the international arbitration community and cast some doubt on the ability of investment treaty panels in arbitrations seated in the United States to decide their own authority. The case reached the U.S. Supreme Court (“Supreme Co [...]

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