Pursuant to Rule 37.2(b), AWG Group Limited (“AWG”) respectfully moves for leave to file the attached brief amicus curiae in support of Petitioner BG Group. Respondent Republic of Argentina denied a timely request for consent to file the brief. 

This case presents an important and recurring question regarding international arbitration agreements: In disputes involving a multi-stage dispute resolution process, does a court or instead the arbitrator determine whether a precondition to arbitration has been satisfied? 

This issue has wide implications for international commerce and investment. Arbitration is the dispute resolution method of choice for international business. The vast majority of international arbitration agreements are “multi-stage” or “multi-tiered,” in the sense that they require some alternative procedure (whether in the form of litigation in local courts, mediation, or other method of dispute resolution) as a precondition to arbitration. Accordingly, the instant case will have a significant impact on many parties, including amicus AWG.