BG Group PLC v. Republic of Argentina
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-138 | D.C. Cir. | Dec 2, 2013 | Mar 5, 2014 | 7-2 | Breyer | OT 2013 |
Holding: When reviewing an arbitration award made under an international treaty, U.S. courts should interpret and apply "threshold" provisions concerning arbitration using the framework developed for interpreting similar provisions in ordinary contracts. Under that framework, the local litigation requirement is a matter for arbitrators primarily to interpret and apply, and courts should review their interpretation with deference.
Judgment: Reversed, 7-2, in an opinion by Justice Breyer on March 5, 2014. Justice Sotomayor filed an opinion concurring in part. Chief Justices Roberts filed a dissenting opinion, in which Justice Kennedy joined.
SCOTUSblog Coverage
- Opinion analysis: Clear statement ruling in investor-state arbitration case leaves open question on U.S. bilateral treaties (Diane Marie Amann, March 6, 2014)
- Argument analysis: Intellectual whiplash over final word on investor-state arbitrability (Diane Marie Amann, December 4, 2013)
- Argument preview: Jurisdictional say-so in investor-state arbitrations (Diane Marie Amann, November 20, 2013)
- Petition of the day (Ben Cheng, November 1, 2012)
| Date | Proceedings and Orders |
|---|---|
| 05/31/2012 | Application (11A1134) to extend the time to file a petition for a writ of certiorari from June 13, 2012 to July 13, 2012, submitted to The Chief Justice. |
| 06/01/2012 | Application (11A1134) granted by The Chief Justice extending the time to file until July 13, 2012. |
| 07/03/2012 | Application (11A1134) to extend further the time to file a petition for a writ of certiorari from July 13, 2012 to July 27, 2012, submitted to The Chief Justice. |
| 07/06/2012 | Application (11A1134) granted by The Chief Justice extending the time to file until July 27, 2012. |
| 07/27/2012 | Petition for a writ of certiorari filed. (Response due August 30, 2012) |
| 08/20/2012 | Order extending time to file response to petition to and including October 1, 2012. |
| 08/27/2012 | Motion for leave to file amicus brief filed by American Arbitration Association. |
| 08/29/2012 | Motion for leave to file amici brief filed by Professors and Practitioners of Arbitration Law. |
| 08/30/2012 | Motion for leave to file amicus brief filed by United States Council for International Business. |
| 08/30/2012 | Motion for leave to file amicus brief filed by AWG Group Limited. |
| 10/01/2012 | Brief of respondent Republic of Argentina in opposition filed. |
| 10/17/2012 | DISTRIBUTED for Conference of November 2, 2012. |
| 10/17/2012 | Reply of petitioner BG Group plc filed. (Distributed) |
| 11/05/2012 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/10/2013 | Brief amicus curiae of United States filed. |
| 05/21/2013 | DISTRIBUTED for Conference of June 6, 2013. |
| 05/21/2013 | Supplemental brief of petitioner BG Group PLC filed. (Distributed) |
| 06/03/2013 | Letter of June 3, 2013, from counsel for petitioner received. (Distributed) |
| 06/05/2013 | Letter of June 5, 2013, from counsel for respondent received. (Distributed) |
| 06/10/2013 | Motion for leave to file amicus brief filed by American Arbitration Association GRANTED. |
| 06/10/2013 | Petition GRANTED. |
| 06/10/2013 | Motion for leave to file amici brief filed by Professors and Practitioners of Arbitration Law GRANTED. |
| 06/10/2013 | Motion for leave to file amicus brief filed by AWG Group Limited GRANTED. |
| 06/10/2013 | Motion for leave to file amicus brief filed by United States Council for International Business GRANTED. |
| 06/14/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 26, 2013. |
| 06/14/2013 | The time to file respondent's brief on the merits is extended to and including October 25, 2013. |
| 06/14/2013 | Petitioner will file the reply brief on or before November 15, 2013. |
| 07/26/2013 | Motion to dispense with printing the joint appendix filed by petitioner BG Group Plc. |
| 08/09/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 08/14/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 08/26/2013 | Brief of petitioner BG Group Plc filed. |
| 08/30/2013 | Brief amici curiae of Professors and Practitioners of Arbitration Law filed. |
| 08/30/2013 | Brief amicus curiae of United States Council for International Business filed. |
| 09/03/2013 | Brief amicus curiae of United States filed. |
| 09/03/2013 | Brief amicus curiae of American Arbitration Association filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Monday December 2, 2013. |
| 09/17/2013 | CIRCULATED |
| 09/19/2013 | Record from U.S.D.C. for District of Columbia is electronic and located on PACER. |
| 10/07/2013 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 10/19/2013 | Record from U.S.C.A. for District of Columbia Circuit is electronic and located on PACER. |
| 10/25/2013 | Brief of respondent Republic of Argentina filed. (Distributed) |
| 10/25/2013 | Letter from counsel for respondent Republic of Argentina proposing a lodging of non-record materials filed. (Distributed) |
| 11/01/2013 | Brief amicus curiae of The Republic of Ecuador filed. (Distributed) |
| 11/01/2013 | Brief amici curiae of Practitioners and Professors of International Arbitration filed. (Distributed) |
| 11/01/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 11/15/2013 | Reply of petitioner BG Group Plc filed. (Distributed) |
| 11/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 12/02/2013 | Argued. For petitioner: Thomas C. Goldstein, Washington, D. C. For United States, as amicus curiae: Ginger D. Anders, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jonathan I. Blackman, New York, N. Y. |
| 03/05/2014 | Judgment REVERSED. Breyer, J., delivered the opinion of the Court, in which Scalia, Thomas, Ginsburg, Alito, and Kagan, JJ., joined, and in which Sotomayor, J., joined except for Part IV-A-1. Sotomayor, J., filed an opinion concurring in part. Roberts, C. J., filed a dissenting opinion, in which Kennedy, J., joined. |
| 04/07/2014 | JUDGMENT ISSUED. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, serves as counsel to the petitioner in this case.
Issue: Whether, in disputes involving a multi-staged dispute resolution process, a court or the arbitrator determines whether a precondition to arbitration has been satis?ed.