Amicus Brief Filed in US Supreme Court in Beijing Shougang Mining Investment Co. v. Mongolia

SUMMARY

The International Commercial Disputes Committee (Frances Bivens, Chair) and the Arbitration Committee (Lea Haber Kuck, Chair) filed an amicus brief in Beijing Shougang Mining Investment Co. v. Mongolia, a case before the United States Supreme Court on petition for a writ of certiorari. The City Bar is interested in the case because it presents a direct conflict with settled Supreme Court precedent on a fundamental issue in domestic and international arbitration. As stated in the brief: “This case presents the fundamental question of who, court or arbitrator, has primary responsibility to resolve issues of arbitrability. State and federal courts in New York regularly address this issue. The Court settled this question in First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995), stating a rule to be applied in all cases under the FAA. But when the petitioner advanced the First Options rule here, the Second Circuit expressly rejected it. This conflict with settled law warrants review.”