In Mineralogy Pty Ltd v Western Australia (2021) 95 ALJR 832 and Palmer v Western Australia (2021) 95 ALJR 868, the High Court dismissed a challenge to Western Australian legislation which retrospectively divested Clive….
Describe the differences between the Salini award and the Malaysian Salvors annulment committee decision regarding the approach ICSID tribunals
Question 1: Describe the differences between the Salini award and the Malaysian Salvors annulment committee decision regarding the approach ICSID tribunals should use to determining their jurisdiction.
Question 2: Suppose a state required all foreign (but no domestic) companies investing in its natural gas industry to put in place new anti-pollution equipment that ended up reducing the companies’ profits by 50%. How would a tribunal decide whether this was an expropriation in violation of the typical Bilateral Investment Treaty (BIT)?
Question 3: Describe the reasons that the Netherlands and French courts in the Southern Pacific Properties cases reached differing outcomes on the enforcement and set-aside of the original arbitral award.
Question 4: Please describe how the Philip Morris tribunal interpreted the fair and equitable treatment requirement of the Swiss-Uruguay BIT in terms of the demands that requirement placed on Uruguay with regard to its tobacco regulations.
Essay: Our class considered the substantive law of international investment as well as arbitration of investor-state disputes. Pick one topic we discussed where you believe the law or the arbitral process is significantly flawed. Describe the flaw and propose a solution to it, whether through a new interpretation of existing law, a new legal instrument, or otherwise. (I picked: Foreign Investment and Corruption: World Duty Free v. Kenya (ICSID, 2006))