Publications listing – ARC Grant & Foreign Direct Investment

The (federal government’s) Australian Research Council has provided $260,000 to support a project led by Prof Luke Nottage, Prof Leon Trakman (lead-CI, former Dean of Law at UNSW), A/Prof Jurgen Kurtz (Melbourne Law School) and Dr Shiro Armstrong (ANU Crawford School of Public Policy, co-editor of the East Asia Forum blog).
The abstract for this project is as follows:
“This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia’s ability to take sovereign decisions on matters of public policy.”
The following is a list of publications related to the project (published as at 1 April 2015, or forthcoming).

Co-authored publications

Shiro Armstrong

Jürgen Kurtz


Luke Nottage


  • Luke Nottage and Chester Brown, “Australia”, in George Bermann (ed) Recognition and Enforcement of Foreign Arbitral Awards: The Application of the New York Convention by National Courts (Berlin: Springer) forthcoming
    — Based on a report for the 19th International Congress of Comparative Law, Vienna, 20-27 July 2014; Sydney Law School Research Paper No. 13/70,
  • “Australia” (with James Morrison) in Simon Greenberg, Christopher Kee and Romesh Weeramantry, International Commercial Arbitration: An Asia-Pacific Perspective (Alphen aan den Rijn: Kluwer) forthcoming
    — Longer version in Sydney Law School Research Paper No. 14/95 (2014),
  • “Asian Investment and the Growth of Regional Investment Agreements” (with Vivienne Bath) in Christoph Antons (ed) Routledge Handbook of Asian Law (London: Routledge) forthcoming
  • Luke Nottage and Simon Butt, “Recent International Commercial Arbitration and Investor-State Arbitration Developments Impacting on Australia’s Investments in the Resources Sector” in Philip Evans and Gabriel Moens (eds) Arbitration and Dispute Resolution in the Resources Sector: An Australian Perspective (Berlin: Springer) forthcoming
    — Also Sydney Law School Research Paper No. 13/71 (2013),
  • “The ‘Anti-ISDS Bill’ Before the Senate: What Future for Investor-State Arbitration in Australia?” XVIII International Trade and Business Law Review 245-93
    — Longer version as Sydney Law School Research Paper No. 14/76,
  • “Do Many of Australia’s Bilateral Treaties Really Not Provide Full Advance Consent to Investor-State Arbitration? Analysis and Regional Implications of Planet Mining v Indonesia” 1 (2015) Transnational Dispute Management
    — also Sydney Law School Research Paper No. 14/39,


Leon Trakman


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