The U.S. Supreme Court has granted certiorari on the question of whether, in disputes involving a multi-staged dispute resolution process, a court or, instead, the arbitrator determines whether a precondition to arbitration has been satisfied. Rep. of Argentina v. BG Group PLC, 665 F.3d 1363 (D.C. Cir. 2012), cert. granted, 81 U.S.L.W. 3070 (U.S. June 10, 2013) (No. 12-138). In the case below, a treaty between the United Kingdom and Argentina required aggrieved investors to pursue claims against either of the two countries in the host country’s courts for at least 18 months before resorting to arbitration. An investor invoked the arbitration clause without first filing a claim in an Argentine court. The district court denied Argentina’s motion to vacate the arbitral award, rejecting the argument that an arbitration precondition had not been satisfied, but the appellate court reversed, finding that the court was empowered to determine that the arbitral panel was wrong to exercise jurisdiction over the dispute.