Australia's New Bilateral Investment Treaty Stance: An Open Amicus Curiae Submission

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The recent Australian Parliamentary Commission’s stance that any new Bilateral Investment Treaties (hereinafter referred to as ‘BIT’s) entered into by Australia will no longer contain an alternative dispute resolution (ADR) clause normally calling for international arbitration or a hybrid method of international arbitration and mediation. Throughout the modern history of Bilateral Investment Treaty Law, the ADR clause has been an essential component and is the legal manifestation of the entire raison d’être of the BIT; which exists to protect investors whether they are individual or state parties. This new stance contradicts the historical precedent in BIT interpretation and practise.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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