국제중재판정의 승인 및 집행에 관한 최근 미국 연방대법원 판결에 대한 고찰- BG GROUP PLC, v. REPUBLIC OF ARGENTINA(2014) -

In 1990 BG Group, a British firm, invested in Argentina relying on the Agreement for the Promotion and Protection of Investments through a consortium with a majority interest in Metro-GAS, an Argentine entity awarded an exclusive license to distribute natural gas in Buenos Aires. In 2002, however, Argentina took measures which were devastating to BG Group’s investment in Metro-GAS. BG Group brought arbitration claims and the dispute was submitted to UNCITRAL arbitration. The arbitration tribunal concluded that the Argentine government had directly interfered with the normal operation of its courts and that BG Group’s claims were admissible. And the tribunal awarded BG Group $185,285,485.85 plus interest, costs, and fees. Argentina filed a petition the arbitral award in the U.S. District court for the District of Columbia seeking to vacate the award. And BG Group cross-moved to confirm the award under the Federal Arbitration Act (the FAA) and the New York Convention. The district court confirmed the award and recognized that in light of Argentina’s concession that the arbitrators have primary authority to determine their jurisdiction. However, the Court of Appeals overturned the district court’s decision and entered an order requiring vacating the award. The U.S. Supreme Court reversed the court of appeal’s decision by holding that preconditions to arbitration are subject to the FAA’s ordinary rule that the arbitrators decide disputes between the parties, and that authority, the parties agreed that the arbitral tribunal would resolve its jurisdictional objection.