Foreign Investment Law Custom Essay and International Dispute Resolution Custom Essay

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Foreign Investment Law Custom Essay
‘The notion of the national interest is a central concept under the Foreign Acquisitions and Takeovers Act 1975 (Cth) however it is not subject to sufficiently detailed definition. Further, decisions of the Treasurer as to whether a proposed investment is contrary to the national interest are effectively unreviewable. These facts put foreign investors in a difficult position when assessing whether an investment in Australia is viable.’
You work as a lawyer in the Australian Government Treasury. The Treasurer is concerned at the impact of the above quotation (which has recently appeared in a newspaper article published by a prominent political journalist) on public perceptions of Australian foreign investment law, particularly in the context of the current unstable global economy. The Treasurer is scheduled to give a speech at the National Press Club and wishes to use it as an opportunity to respond to the suggestions made in the quotation above.
Please prepare a memorandum of advice for the Treasurer, summarising the key material he will need in order to give his address. In particular, you should ensure that your advice covers:
the place of the national interest test under the Foreign Acquisitions and Takeovers Act 1975 (Cth); steps that have been taken to clarify what is meant by the national interest; and elements of Australia’s system of regulating foreign investment that seek to ensure the integrity of the process (ie. factors that counterbalance the lack of legal review of the Treasurer’s decisions).

International Dispute Resolution Custom Essay
‘Scholarly literature often suggests that international commercial arbitration is a preferred means of settling international commercial disputes. International commercial arbitration has several advantages over settling disputes through domestic court systems.’
You are the in-house legal counsel for a large international manufacturing firm. The CEO of your firm has noted that many standard form contracts received from other businesses in the course of trade contain arbitration clauses. The CEO has also noticed the above quotation in a recent industry newsletter. Your firm’s CEO is interested in finding out more about international commercial arbitration as a dispute resolution mechanism. Your firm is not involved in many disputes, but when disputes do arise they are sometimes very costly to resolve.
Please provide a memorandum of advice to your firm’s CEO, covering the following points:
Is international commercial arbitration a ‘preferred’ means of dispute resolution in international commerce?
What are the advantages of resolving disputes through international commercial arbitration?
What are the disadvantages of resolving disputes through international commercial arbitration?
Should your firm implement a formal dispute resolution policy requiring all disputes to be settled by arbitration?

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