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Corporate structuring under the ASEAN Comprehensive Investment Agreement – with a cautionary tale for Chinese-owned investors

Structuring an investment to ensure adequate treaty protection is critical, particularly where the investment is being made in a jurisdiction prone to sovereign risk. If a holding company is created to ensure recourse under...more

Australian Federal Government Publishes Proposed East Coast Gas Market Code of Conduct for Consultation

On 26 April 2023, the Australian Federal Government published its proposed Mandatory Code of Conduct for the supply of wholesale gas in the East Coast Gas Market. The draft Code continues the existing $12/GJ price cap...more

Australia considers curbing LNG exports, risking international claims by foreign investors

The Australian Government recently announced that it was seeking feedback on reforms to the Australian Domestic Gas Security Mechanism, which will allow the government to control the export of liquefied natural gas every...more

Managing construction risks in Asia-Pacific: Australia

Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

The rising sovereign risk of doing business in Western Australia: summary of the Palmer and Mineralogy decisions and their wider...

On 13 October 2021, the High Court of Australia handed down its decisions in Palmer v The State of Western Australia1 and Mineralogy Pty Ltd & Anor v State of Western Australia2, confirming that the State of Western Australia...more

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