Arbitration say-so & U.S. courts
Just published at SCOTUSblog: my preview of a case asking whether arbitrators or U.S. courts enjoy the last word on jurisdiction to arbitrate. The post discusses decisions below and briefs filed in BG...
View ArticleAt Supreme Court, “intellectual whiplash” over investor-sovereign arbitration
The course of the U.S. Supreme Court oral argument in an international arbitration case is evident in Justice Anthony M. Kennedy’s comment toward the end of Monday’s hearing: ‘Your – your whole...
View ArticleCourt arbitration ruling against Argentina leaves question on U.S. BITs...
In its first-ever case involving investor-state arbitration, the U.S. Supreme Court yesterday ruled against the state. The state at bar was the Republic of Argentina, which had sought to defend the...
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