ARTICLE · 20 MARCH 2008

How To Effectively Protect Investments In Unstable Nations: Lessons To Be Learnt From Zimbabwe

Clayton Utz

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Australian companies should carefully structure agreements to protect their investments under a BIT by adopting a structure which will engage the best BIT available.

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Joshua Fellenbaum

Andrew Stephenson

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Key Point

Australian companies should carefully structure agreements to protect their investments under a BIT by adopting a structure which will engage the best BIT available.

Australian companies can structure their foreign investments to protect against political risks, such as the forced nationalisation of their investment for no payment. This can be done utilising relevant bilateral investment treaties (BITs) to avoid the impact of expropriations, like those currently threatened in Zimbabwe. The current position in Zimbabwe provides a useful case study. The lessons learnt from that case study can be applied to all investments in foreign countries. This article sets out some of the lessons learnt.

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