Trade and investment treaties have proliferated throughout the Asia-Pacific region. Their dispute resolution mechanisms are important in entrenching market access commitments, especially when providing for direct claims by firms against states. But the Global Financial Crisis has also heightened...

International investment, especially Foreign Direct Investment (FDI), continues to grow apace across the Asian region, despite the Asian Financial Crisis and now the aftermath of the Global Financial Crisis (GFC). This paper is based on the introductory chapter for our 13-volume book (Foreign...

The Supreme Court of India had previously given a broad interpretation to the ground of public policy and thereby permitted a review of the foreign arbitral award on merits in award enforcement proceedings. The Supreme Court has recently abandoned this position. Consistent with international...

This paper outlines the historical evolution of Australia's foreign direct investment (FDI) regulation generally, under national law and more recently bilateral investment treaties (BITs) or investment chapters of free trade agreements (FTAs). This sets the stage for closer analysis of the...

Many similarities and occasional differences are evident in New Zealand (as explained in Part 2) and Australia (Part 3) concerning their laws screening foreign direct investment (FDI) and current approaches towards investment treaties, including the now politically sensitive issue of...

It is accepted that a breach of an international investment agreement does not necessarily constitute a breach or violation of an investment treaty or international law norm applicable between an international investor and a host state. It is common that the adjudication of breaches of these...

This article compares the “brave new” group-wide approach under Action 4 of the G20/OECD Base Erosion and Profit Shifting initiative to the fixed ratio alternative. The conclusion in this article is that the group-wide approach – which is not as novel as some assume – should be...

This paper outlines our collaborative research project for 2014-16, aimed at evaluating the economic and legal risks associated with the Australian Government's recent approach to investor-state dispute settlement (ISDS), and broader implications for Foreign Direct Investment (FDI) and...

Treaty-based investor-state dispute settlement (ISDS) is attracting increasing public debate. Particular concerns involve treaty provisions allowing investors from the home state to initiate arbitration claims directly against the host state for allegedly violating substantive rights (eg...