5 August ARELJ - Article - Foreign Investors' Increasing Awareness of Investor-State Arbitration – View from Australia August 5, 2020 By Sally Parker ARELJ, General ARELJ, ForeignInvestment, Arbitration 0 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. Member Login Required to Access Article Read More Related Articles Submission - DISER Consultation Paper December 2020 ‘Enhancing Australia’s decommissioning framework for offshore oil and gas activities’ ARELJ Article - Public Duties on the Disposal of Australia's Non-Renewable Resources: The Case for Regulatory Reform How foreign investment changes may impact the mining and energy sector In early June 2020, the government announced a review of the foreign investment rules, expanding them to apply to all foreign investors in anything deemed a ‘sensitive national security business’. The changes are scheduled to come into effect on 1 January 2021. There are concerns that this will impact foreign investment in the mining and energy sectors, and in particular the critical minerals space. ARELJ - Case Note - Australian Offshore Petroleum Regulation: Defining and Protecting the National Interest ARELJ - Article - The Grounds Not Taken: Reliance on Additional Matters to Support the Refusal of Consent to the Assignment of a Joint Venture Interest ARELJ - Article - The Great Space Rush: Regulating Space Mining Showing 0 Comment Comments are closed.