Investment treaty arbitration is being increasingly used by investors to protect their international investments. To encourage investment between the contracting states, an investment treaty will commonly confer certain minimum levels of protection on investors from one state with respect to their investments in the other. These protections are typically enforceable by the investor directly against the state party through investment arbitration.
Earlier this year, Ashurst updated you on recent investment treaty developments in Australia (available here: https://www.disputescentre.com.au/recent-investment-arbitration-developments-australia/). More recently, the Federal Court of Australia in Lahoud v The Democratic Republic of Congo