Crossing the Threshold: Arbitral Jurisdiction after BG Group

In a decision that was much anticipated and that has been much discussed, the Supreme Court has once again revisited the central question in our law of arbitration – the allocation of responsibility between national courts and arbitral tribunals. In BG Group v. Argentina this was addressed, as often in the past, in the familiar and fraught context of “procedural conditions” that the parties in their agreement have imposed on the duty to arbitrate.