Huge lawsuits loom over gas market intervention

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Despite multinational energy giants being the most aggressive users of treaties to launch legal actions against governments, ministers are split over the prospect of a lengthy and expensive battle with gas investors.

, saying it was warranted by exceptional circumstances and was a better approach than measures that would only worsen inflation.

Trade Minister Don Farrell will next week detail the Albanese government’s new approach on ISDS clauses. The party’s national policy platform says Labor wants to ban their use in trade agreements.after it was revealed in the federal budget that prices were set to rise 20 per cent this year and 20 per cent next year.

“I’m sure they are very conscious of their rights,” Ms Lees said. “It won’t just be ConocoPhillips but other investors as well I’m sure are very conscious of the possibility of perhaps bringing an ISDS claim. “If you talk about someone who’s built a gigantic amount of infrastructure, say to set up a gas pipeline or a liquefied natural gas processing plant, they committed capital on the expectation they’d get a particular return based on what they knew about the regulatory regime, and if that return is threatened by a discriminatory action then the potential for action exists.”

 

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