ABSTRACT
Arguing by analogy requires the lawyer to put on their creative hat and to find scenarios in cases that would be analogous to the outcome that the lawyer wants for his client. The case, BG Group v. Republic of Argentina, dealt with a rather simple issue, captured concisely in the plaintiff's brief to the Court. BG Group's argument was more challenging from the start because they were appealing a decision that reversed the authority of the arbitrators to hear their case at all and would ultimately send them back to Argentina to argue their case. Here, they were laying the framework for their key argument that Argentina not only blocked BG Group from reasonable access to local courts, but that Argentina itself conceded to the use of arbitration to resolve the dispute. Their argument is further strengthened by suggesting that Argentina disrespects the U.S. judicial system, justifying the selection of arbitration as the exclusive remedy for dispute resolution.
