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ARELJ Comment- Investment Treaty Claims by Australian Resource and Energy Companies

Nick Gallus and Liam McInerney
Principal and Associate, LK Law, Adelaide 

Investment treaties guarantee certain protections for investors from the other parties to the treaties and entitle the investors to claim compensation before an arbitration tribunal that those protections were not provided. Investment treaties are increasingly used by Australian resource companies – sometimes with stunning success. However, recent changes to the treaties, arbitration rules and jurisprudence may undermine future claims. 

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