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Arbitration

BG Group PLC v. Republic of Argentina - Post-Decision SCOTUScast

SCOTUScast 3-28-14 featuring Erica Birg
Erika C. Birg March 28, 2014

Erika BirgOn March 5, 2014, the Supreme Court issued its decision in BG Group PLC v. Republic of Argentina. The question in this case is 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.

In a 7-2 opinion delivered by Justice Breyer, the Court held that, 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.

The opinion of the Court of Appeals for the District of Columbia Circuit was reversed. Justices Scalia, Thomas, Ginsburg, Alito, and Kagan joined in the opinion of the Court. Justice Sotomayor joined except for Part IV-A-1. Justice Sotomayor filed an opinion concurring in part. Chief Justice Roberts filed a dissenting opinion, which Justice Kennedy joined.

To discuss the case, we have Erika Birg, who is a partner at Nelson Mullins.

BG Group PLC v. Republic of Argentina - Post-Argument SCOTUScast

SCOTUScast 12-13-13 featuring Erika Birg
Erika C. Birg December 13, 2013

Erika BirgOn December 2, 2013, the Supreme Court heard oral argument in BG Group PLC v. Republic of Argentina. The question in this case is 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.

To discuss the case, we have Erika Birg, who is a partner at Nelson Mullins.

American Express Co. v. Italian Colors Restaurant - Post-Decision SCOTUScast

SCOTUScast 7-3-13 featuring Christopher Kratovil
Chris Kratovil July 03, 2013

Christopher KratovilOn June 20, 2013 the Supreme Court announced its decision in American Express Co. v. Italian Colors Restaurant. The question here was whether the Federal Arbitration Act (FAA) permits courts to invalidate a contractual waiver of class arbitration on credit card “swipe fees” if the cost to the plaintiff of arbitrating individually exceeded any possible individual recovery.

In an opinion delivered by Justice Scalia, the Court held by a vote of 5-3 that the FAA does not permit courts to invalidate a contractual waiver of class arbitration on the grounds that a plaintiff’s cost of arbitrating his individual claim exceeds any potential recovery. Chief Justice Roberts and Justices Kennedy, Thomas, and Alito joined the majority opinion. Justice Thomas filed a concurring opinion. Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg and Breyer. Justice Sotomayor took no part in the consideration or decision of the case.

To discuss the case, we have Christopher Kratovil, who is a member of Dykema’s Litigation practice in the Firm’s Dallas office.

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Supreme Court Update: June 20 Decisions - Podcast

Practice Groups Podcast
Erik S. Jaffe, Andrew J. Pincus, Christian Corrigan June 27, 2013

Supreme Court Update: June 20 Decisions - PodcastOn June 20, the U.S. Supreme Court handed down two important decisions that are covered in this practice group podcast. In American Express v. Italian Colours Restaurant, the Court continued to clarify the law at the intersection of arbitration and class action. US AID v. OSI concerns government and speech. On this previously recorded conference call, our experts explain each case, discuss their implications, and answer questions from callers.

Featuring:

  • Mr. Erik Jaffe, Sole Practitioner, Erik S. Jaffe, PC
  • Mr. Andrew J. Pincus, Partner, Mayer Brown LLP
  • Moderator: Mr. Christian Corrigan, Director of Publications, The Federalist Society

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Oxford Health Plans v. Sutter - Post-Decision SCOTUScast

SCOTUScast 6-26-13 featuring Gail Peter "Bo" Rutledge
Peter B. Rutledge June 26, 2013

Peter RutledgeOn June 10, 2013, The Supreme Court announced its decision in Oxford Health Plans LLC v. Sutter. The question in the case is whether an arbitrator exceeds his powers under the Federal Arbitration Act in determining, by consent of the parties, whether the parties’ contract authorized class arbitration.


In a unanimous decision, the Court held that the arbitrator did not exceed his powers under the Federal Arbitration Act and affirmed the judgment of the lower courts, which had refused to vacate that arbitrator’s decision.  Justice Kagan delivered the opinion of the Court. Justice Alito filed a concurring opinion, which Justice Thomas joined.

To discuss the case, we have Peter “Bo” Rutledge, the Herman E. Talmadge Chair of Law at the University of Georgia School of Law.

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