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ARELJ - Article - Foreign Investors' Increasing Awareness of Investor-State Arbitration – View from Australia

Russell Thirgood FCIArb and Erika Williams FCIArb
Independent International Arbitrator; Senior Associate, McCullough Robertson Lawyers

Decolonisation and globalisation over the last century have led to the development of investment treaties in a bid to promote and protect investments. Many of these treaties provide for arbitration as a means of investor-state dispute settlement. However, Australian investors have been claimants in less than two percent of known global investor-state arbitrations, many of which arise out of international, multi-million and multi-billion dollar mining projects and Australia has been on the receiving end of only two formal claims. This article comprehensively reviews the cases that have involved Australian investors as claimants and Australia as a respondent.

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