Diane Marie Amann

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Diane Marie Amann

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At 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 argument gives me intellectual whiplash.’ I put that comment into context in my SCOTUSblog post today, which also describes other exchanges between various…

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 argument gives me intellectual whiplash.’

I put that comment into context in my SCOTUSblog post today, which also describes other exchanges between various Justices and the 3 lawyers who argued the matter – for the Republic of Argentina, for a British private investor, and for amicus the United States of America.

The case that’s nowdoll under submission, BG Group PLC v. Republic of Argentina, arises out of a dispute covered by the 1990 bilateral investment treaty between Britain and Argentina. Today’s post on “the matryoshka-doll complexities” of the case builds on my November SCOTUSblog argument preview, on which I posted here. (photo credit)

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Response to “At Supreme Court, “intellectual whiplash” over investor-sovereign arbitration”

  1. Court arbitration ruling against Argentina leaves question on U.S. BITs undecided | Diane Marie Amann

    […] had the honor of following this case for SCOTUSblog, via a pre-argument preview, a post-argument recap, and, just posted, an opinion analysis. After summarizing the opinion for the Court by Justice […]

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