The very first issue of this journal, published nearly 15 years ago, carried an article titled ‘Japanese Business Law in Cyberspace: Preliminary Usage Patterns for the ‘Japanese Law Links’ Webpage’ (Nottage, 1998). The development of the Internet as a research tool during this time, as...

Asia-Pacific trade and investment flows have burgeoned over recent decades, albeit impacted by China-US trade tensions and especially the COVID-19 pandemic (§1.02). International investment agreements have proliferated to liberalise and protect investments (§1.03), mostly adding the option of...

This paper provides a detailed (100 page) and up-to-date introduction to international commercial and investment treaty arbitration in Australia. Some of the material will be incorporated into a chapter in the forthcoming second edition of Simon Greenberg, Christopher Kee and J. Romesh...

Indonesia recently announced that it would review its 67 bilateral investment treaties (BITs). Shortly beforehand, it had unsuccessfully challenged the jurisdiction of an ICSID arbitral tribunal in a claim for expropriation and other violations brought by the Australian subsidiary of a UK coal...

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...