Supreme Court Clarifies Competence-Competence Principle

March 20, 2014Articles International Law Office Arbitration Newsletter

In a highly anticipated decision, the US Supreme Court recently confirmed a $185 million award against Argentina in BG Group Plc v Republic of Argentina. The BG Group decision is significant for international arbitration practitioners because it not only clarifies the respective roles that courts and arbitrators should play when deciding threshold issues of arbitrability or jurisdiction under international arbitration agreements, but also reinforces the US Supreme Court's pro-arbitration outlook.

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