This note will discuss the impact party autonomy and limited judicial review of arbitral awards have on the issue of arbitrability, concluding that parties should be held to their agreement despite strict judicial review limitations. It will also discuss the implications of BG Group for the manifest disregard of law doctrine. Furthermore, this note will also attempt to examine the future ramifications this decision may have on other courts and arbitration panels facing a similar issue. It will primarily focus on the role of party autonomy in arbitration and how such party interest analysis should and does supersede other legal issues in arbitration.
Read between the Lines: Considering the Party Agreement When Determining Arbitrability in Bilateral Investment Treaties,
2013 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2013/iss1/12