Broadly speaking, investment treaties establish clear rules on the scope of investment protection and the treatment that states must provide to foreign investment in their territories. In addition, they establish a framework for the resolution of investment disputes through arbitration between the foreign investor and the state. This article explores the scope of investment treaties, and disputes relating thereto, with particular reference to Australia’s investment treaty programme. This article is based on a series of presentations delivered by Freshfields Bruckhaus Deringer and Blake Dawson Waldron in Perth, Melbourne, Sydney, and Brisbane over the period November 17–22, 2006.
Journal of International Arbitration