Supreme Court: Arbitrators, Not Courts, to Interpret Investment Treaty's Conditions Precedent to Arbitration Clause | Practical Law
The US Supreme Court in BG Group PLC v. Republic of Argentina reinstated a $185 million arbitration award against the Republic of Argentina. The Court held that a local litigation requirement in the arbitration clause of a bilateral investment treaty is a matter for arbitrators to interpret and apply, and courts should review their interpretation with deference.