Australian Resources & Energy Law Journal Quiz

False (B)

United Nations Commission on International Trade Law (UNCITRAL)

<p>claimant</p> Signup and view all the answers

<p>Argentina = 62 Spain = 52 Venezuela = 51</p> Signup and view all the answers

<p>2 (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>mining</p> Signup and view all the answers

<p>15 years (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Peter Varghese</p> Signup and view all the answers

<p>Pakistan</p> Signup and view all the answers

<p>India wants to increase inward foreign investment, while decreasing investor protections (D)</p> Signup and view all the answers

<p>Australia = Negotiating a Comprehensive Economic Agreement with India India = Terminated the Australia-India BIT Tethyan Copper Company = Initiated a dispute against Pakistan Peter Varghese = Authored a report on economic engagement with India</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Investor-State Dispute Settlement</p> Signup and view all the answers

<p>The Australia-Thailand Free Trade Agreement (C)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>merits</p> Signup and view all the answers

<p>An order of the Prime Minister of Thailand to cease all diamond mining operations. (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Kingsgate = Thailand Emerge and Tantalum = Egypt</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Stockholm</p> Signup and view all the answers

<p>Sufficiency (C)</p> Signup and view all the answers

<p>Widespread criticism and anti-ISDS sentiment. (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>jurisdictional defence</p> Signup and view all the answers

<p>reward</p> Signup and view all the answers

<p>ISDS = Dispute resolution between investors and states Jurisdictional defense = A legal strategy to invalidate a claim against a State Arbitral award = The outcome of an arbitration process Outbound investors = Investors investing in foreign countries</p> Signup and view all the answers

<p>To achieve increased flows of foreign direct investment and greater economic self-reliance (D)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>compromise</p> Signup and view all the answers

<p>Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (A)</p> Signup and view all the answers

<p>Australia-Hong Kong Free Trade Agreement</p> Signup and view all the answers

<p>The Investment Agreement between Australia and the Government of Hong Kong (B)</p> Signup and view all the answers

<p>bilateral investment treaty</p> Signup and view all the answers

<p>terminated; termination</p> Signup and view all the answers

<p>Government response to inbound foreign investment arbitrations. This is exemplified by the 2011 Phillip Morris proceedings.</p> Signup and view all the answers

<p>Misima Mines against the Independent State of Papua New Guinea in 1996</p> Signup and view all the answers

<p>White Industries against India in 2010 (A)</p> Signup and view all the answers

<p>The restructure of Philip Morris was for the principle purpose of gaining protection under the HKA BIT</p> Signup and view all the answers

A system where investors can sue governments if they believe their investments have been unfairly treated.

Agreements between countries that protect investments made by investors from one country in another.

The number of cases where Australian investors initiated disputes against foreign governments.

The number of cases where foreign investors initiated disputes against Australia.

A type of dispute resolution mechanism where disagreements are settled by a neutral third party.

The rules governing transparency in investor-state arbitration cases, promoting openness and accountability.

Australia's history of including ISDS provisions in its international agreements.

The growing number of ISDS cases involving Australian investors over the past decade.

An agreement between two countries that outlines the rights and protections for investors from one country investing in the other.

A dispute resolution mechanism used in international investment treaties that allows an investor to sue a foreign government for violations of the agreement.

Australia's focus on strengthening economic and political ties with countries in the Indo-Pacific region.

The Comprehensive Economic Cooperation Agreement (CECA) is a trade agreement between India and Australia aimed at enhancing trade and investment between both countries.

An Australian company that sued Pakistan for violating an investment treaty after being denied a mining lease.

The Tethyan Copper Company Limited successfully argued that Pakistan violated provisions in the Australia-Pakistan BIT, leading to a successful investor-state dispute.

An Australian company's successful use of the Australia-Pakistan BIT to challenge a violation by the Pakistani government.

A formal request for arbitration, usually filed by an investor against a government, under an investment treaty.

Legal process involving the taking of property by a government without fair compensation, which can be a basis for an ISDS claim.

A case where a government's action is challenged as violating the terms of an investment treaty.

A legal process where a court decides if it has the jurisdiction to hear a case.

A legal proceeding where the merits of the case are examined to determine if a party is liable for damages.

An amount of money awarded to a party who has suffered a financial loss.

An international treaty that protects foreign investors, allowing them to seek compensation if a host country breaches the treaty.

A company established by Munshi in 2004 to explore coal mining activities in Mongolia.

A loan agreement where the borrower fails to make payments as agreed upon.

An independent and neutral body that resolves disputes between parties in accordance with agreed-upon rules.

A claim filed by an investor against a host country alleging a violation of the ECT.

A legal process where a court or tribunal issues an order to prevent immediate harm or to preserve the status quo.

A type of harm that is difficult or impossible to fix later, like loss of a significant opportunity or damage to reputation.

The requirement that an action is urgently needed to prevent serious harm or injustice.

The principle that the benefits of granting an order outweigh the costs or burdens involved.

The right to have access to legal counsel to represent one's interests in a legal matter.

A legal defense strategy employed by a country facing an investor-state dispute. It involves challenging the jurisdiction of the arbitral tribunal to hear the case, arguing that the investor does not meet the criteria for bringing a claim.

A situation where a country has to compromise on certain aspects of its policies or agreements to achieve a larger goal.

The practice of using legal mechanisms to protect investments made by investors from one country into another.

The use of a specific set of rules designed to ensure transparency and accountability in investor-state arbitration cases, fostering trust and fairness.

The overall strategy of Australia in engaging with ISDS regimes, which involves assessing each case individually and potentially incorporating protective measures into its investment treaties.

The Stockholm Chamber of Commerce (SCC) is a well-known institution offering arbitration rules for resolving disputes between investors and states.

A comprehensive economic partnership agreement between Indonesia and Australia, signed in 2019, which encompasses investment protection and dispute resolution mechanisms.

The agreement establishes the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA), which promotes trade and investment between member countries. The agreement contains provisions on investor protection and dispute resolution.

This agreement between Australia and Hong Kong, signed in 2019, covers trade and investment. It includes a separate Investment Agreement that protects investments and outlines dispute resolution mechanisms.

The Free Trade Agreement between Australia and Peru, signed in 2018, promotes trade between countries and includes provisions on investment protection and dispute settlement.

This case involved Misima Mines, a company that claimed the Papua New Guinea government breached its investment agreement. It highlights a typical investor-state dispute where an investor claims harm due to government actions.

This case involved Russell Resources International and others claiming that the Democratic Republic of Congo violated its investment agreement. It illustrates an example of investor-state disputes, highlighting the potential for investors to seek compensation for perceived breaches of investment agreements.

This case concerned Churchill Mining and Planet Mining, who filed a claim against Indonesia for breach of investment agreement. It showcases a prominent instance of investor-state dispute resolution involving Australia, reflecting the growing prominence of ISDS mechanisms in international business.