This article was first published in the Arbitration
Committee newsletter, Vol 22 No 1, June 2017, and is reproduced by
kind permission of the International Bar Association, London, UK.
© International Bar Association.
Most arbitration practitioners have heard of the investor-state
arbitration claim brought by Philip Morris Asia Limited against the
Commonwealth of Australia, which was dismissed on jurisdictional
grounds in December 2015. In the meantime, other parties have been
making noise about bringing investor-state claims against
Australia. This article considers two of these threatened
actions.
APR Energy PLC
APR Energy PLC ('APR') has threatened
to bring a claim against the Commonwealth of Australia due to the
operation of the Personal Property Securities Act 2009
(Cth) (the 'PPSA'). This
piece of national legislation aims to provide protection of
personal property interests by registration on the Personal
Property Securities Register (PPSR). APR faces
