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.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.