In today's globalised environment, international trade law is an increasingly relevant area of law. The Mallesons international trade law group has extensive expertise in both public and private international trade law as well as Australian domestic foreign investment law.
Public international trade law
This involves inter-Governmental rights and obligations principally relating to non-discriminatory market access, as well as Governmental domestic trade regulation.
The Australian Government has extensive multilateral rights and obligations under the WTO agreements and bilateral rights and obligations under various free trade agreements (FTAs). Australia has FTAs with New Zealand, Singapore, the United States and Thailand. Australia has also recently signed a Memorandum of Understanding with China to commence negotiations for a Free Trade Agreement between the two countries. Australia is also currently investigating FTAs with Malaysia, the UAE and ASEAN. Such agreements may assist to the extent Australian firms encounter difficulties with discriminatory governmental measures in other jurisdictions, or foreign firms encounter difficulties with discriminatory Australian Government measures.
Governmental domestic trade regulation may involve such measures as anti-dumping actions by the Australian Government and/or the imposition of customs tariffs and duties.
Australia is also a party to approximately 19 Bilateral Investment Treaties (BITs), which contain various provisions aimed at protecting commercial investments made in the relevant foreign country. The BITs contain provisions for resolution of State to State disputes in connection with these treaties, as well as allowing private investors to take action (through international arbitration) directly against the host State in the event of an alleged breach of the BIT in respect of that investor’s foreign investment.
Private international trade law
This area of law involves obligations between private entities, usually relating to the international sale of goods or services, export finance and insurance issues, shipping issues, and international commercial dispute settlement. Issues often arising include, for example, which law governs a particular contract and other complex cross-jurisdictional issues. Mallesons has particular expertise in international commercial arbitration, cross border dispute settlement and the conflicts of law/jurisdictional issues to which they give rise.
Please click on the link below to learn more about our international arbitration practice.
Australian domestic foreign investment law
Australia's foreign investment regime is governed by the Foreign Acquisitions and Takeovers Act 1975 (FATA) and the Australian Government's foreign investment policy (Policy). The Australian Government welcomes foreign investment in Australia. The Government recognises community concern about foreign ownership of Australian assets and through Policy seeks to balance those concerns against the strong economic benefits that arise from foreign investment in Australia. The FATA provides the Australian Federal Treasurer with powers to make orders in respect of proposals that he considers are contrary to Australia's national interest. The FATA also requires that notice be given to the Treasurer (through the Foreign Investment Review Board (FIRB)) of certain acquisitions of interests in Australian corporations and land
Mallesons has extensive experience in liaising with the FIRB and the Federal Department of Treasury. We deal daily with Treasury officers in the processing and conduct of applications under FATA and Policy. In addition, we assist foreign investors as well as Australian entities dealing with foreign persons regarding the operation of FATA and Policy as well as in their representations to Treasury and FIRB. Having an office in Canberra, the national capital, the Mallesons team is well placed to assist with direct negotiation with Treasury regarding Australian foreign investment issues.
Mallesons has extensive experience in federal revenue law, including customs and anti-dumping, and are well equipped to provide expert advice on all aspects of anti-dumping and subsidy cases. Our multi-disciplined team represents manufacturers, importers and exporters from countries including Australia, Asia, US and Europe. We represent clients in disputes before the courts and relevant tribunals. Our practice also includes advising in relation to the compilation of exporter’s questionnaires, customs investigations, dumping complaints, the preparation of submissions in relation to anti dumping decisions and recommendations by the CEO of Customs and the relevant Minister for Customs. We also regularly advise clients on their WTO obligations.
Several of our team members have held senior positions within the Commonwealth Government and others have spent many years consulting to government. This experience has enabled a comprehensive understanding of the government operating environment and the legislative, financial and the accountability frameworks within which departments and agencies operate. This knowledge adds a unique dimension to our practice, one which is highly valued by our clients.
“The depth of practice and consistent quality of its lawyers undoubtedly contributes to Mallesons Stephen Jaques’ success as Australia’s premier law firm…A full service firm, it is strong in almost all areas…”
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