QUESTIONS PRESENTED

A BILATERAL INVESTMENT TREATY BETWEEN THE UNITED KINGDOM AND ARGENTINA PROVIDES THAT BEFORE A FOREIGN INVESTOR MAY PURSUE ARBITRATION OF AN INVESTMENT DISPUTE WITH THE HOST STATE, THE INVESTOR MUST FIRST LITIGATE THE DISPUTE FOR AT LEAST 18 MONTHS IN THE HOST STATE’S COURTS. THE QUESTION PRESENTED IS: WHETHER THE COURT OF APPEALS ERRED IN CONCLUDING THAT THE PARTIES TO THE TREATY INTENDED THAT A COURT, RATHER THAN THE ARBITRAL PANEL, SHOULD DECIDE WHETHER PETITIONER’S NONCOMPLIANCE WITH THE LITIGATION REQUIREMENT DEPRIVED THE ARBITRAL TRIBUNAL OF JURISDICTION.