Australia: new government may lead to opportunities for investor/state arbitration

By Scott McDonald, Kirk Simmons and Anne Bihancov

This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia.

First, the new government has reviewed its position with respect to the inclusion of investor-state dispute settlement clauses in investment treaties.

Second, the government proposes to repeal the Clean Energy Act 2011 (containing Australia’s Carbon Pricing Mechanism), a change with the potential to give rise to some investor/state disputes…

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