Arab Press

بالشعب و للشعب
Wednesday, Dec 24, 2025

Alarm at secret court scheme in UK-Australia trade deal

Alarm at secret court scheme in UK-Australia trade deal

Campaigners concerned by controversial plans for tribunals where firms can seek compensation for effect of government policies
Trade secretary Liz Truss said last week that a deal would be in the best interests of the UK economy and its exporters would benefit from unfettered access to Australian markets.

Until now the most controversial element of the proposed deal has been a plan to scrap tariffs and quotas on Australian agricultural products, including sheep and beef coming into the UK, undercutting British farmers.

The decision to include an investor-state dispute settlement (ISDS) scheme, which allows firms to sue governments when they believe policies have left them out of pocket, could spark even more protests.

ISDS is a system of private courts convened in camera and arbitrated by judges, allowing firms to bypass domestic civil courts. They were originally conceived by western multinationals to protect them against the seizure of their assets in the aftermath of a coup or by rogue states, for example a mine being nationalised without reasonable compensation.

In recent decades they have evolved to include indirect expropriation, by which any government measure that affects the actual or expected profits of a business can be challenged.

Recent ISDS cases brought against governments include Swedish energy firm Vattenfall suing Germany for policies that cut water pollution; US drugs giant Eli Lilly suing Canada for trying to reduce medicine prices; and French multinational Veolia suing Egypt for increasing its national minimum wage.

Shadow trade minister Emily Thornberry said: “It would be deeply worrying if the government is using the very first post-Brexit trade agreement written from scratch to hand major corporations power to challenge regulations that affect their profits, restricting our ability as a country to introduce new laws to protect the environment, public health, and the rights of workers and consumers.

“It is yet another reason why this proposed trade deal needs proper scrutiny and debate, rather than being rushed through in secret for a signing ceremony at the G7.”

Nick Dearden, the director of Global Justice Now, said the Australian company behind a planned coal mine in Cumbria could sue the government for halting or delaying the project for environmental reasons.

“Right now, the Dutch government is being sued in these courts for daring to phase out coal power, so we know fossil fuel companies won’t hold back,” he said.

The EU planned to include an ISDS in a free trade deal with the US during talks started with president Barak Obama, but was forced to drop the measure after a series of marches and protests across the continent. In 2017 the transatlantic trade and investment partnership, known as TTIP, was put on ice.

Asked in parliament about ISDS in the Australia deal, Hands said: “It is a live negotiation. There will be a chapter on investment. We are huge investors in each other’s markets. I would remind the House that the UK has never lost an ISDS case.”

Dearden said: “Greg Hands confirmed our worst fears - that, just as most countries are moving away from the toxic corporate court system, the British government wants to turbocharge it.

“These courts would allow Australian companies to extract eye-watering payouts from the government for taking action on anything from climate change to workers’ rights, tying the hands of governments for a generation or more.

Nick Crook, head of international relations at Unison, said: “Australia already knows what ISDS means. Tobacco giant Philip Morris tried to sue Australia after it sought to pass plain packaging legislation to protect public health. Although Australia eventually won it cost the Australian tax payer A$24m fighting the case in private investment tribunals.”
Newsletter

Related Articles

Arab Press
0:00
0:00
Close
Saudi Arabia’s 2025: A Pivotal Year of Global Engagement and Domestic Transformation
Saudi Arabia to Introduce Sugar-Content Based Tax on Sweetened Drinks from January 2026
Saudi Hotels Prepare for New Hospitality Roles as Alcohol Curbs Ease
Global Airports Forum Highlights Saudi Arabia’s Emergence as a Leading Aviation Powerhouse
Saudi Arabia Weighs Strategic Choice on Iran Amid Regional Turbulence
Saudi Arabia Condemns Sydney Bondi Beach Shooting and Expresses Solidarity with Australia
Washington Watches Beijing–Riyadh Rapprochement as Strategic Balance Shifts
Saudi Arabia’s Vision 2030 Drives Measurable Lift in Global Reputation and Influence
Alcohol Policies Vary Widely Across Muslim-Majority Countries, With Many Permitting Consumption Under Specific Rules
Saudi Arabia Clarifies No Formal Ban on Photography at Holy Mosques for Hajj 2026
Libya and Saudi Arabia Sign Strategic MoU to Boost Telecommunications Cooperation
Elon Musk’s xAI Announces Landmark 500-Megawatt AI Data Center in Saudi Arabia
Israel Moves to Safeguard Regional Stability as F-35 Sales Debate Intensifies
Cardi B to Make Historic Saudi Arabia Debut at Soundstorm 2025 Festival
U.S. Democratic Lawmakers Raise National Security and Influence Concerns Over Paramount’s Hostile Bid for Warner Bros. Discovery
Hackers Are Hiding Malware in Open-Source Tools and IDE Extensions
Traveling to USA? Homeland Security moving toward requiring foreign travelers to share social media history
Wall Street Analysts Clash With Riyadh Over Saudi Arabia’s Deficit Outlook
Trump and Saudi Crown Prince Cement $1 Trillion-Plus Deals in High-Profile White House Summit
Saudi Arabia Opens Alcohol Sales to Wealthy Non-Muslim Residents Under New Access Rules
U.S.–Saudi Rethink Deepens — Washington Moves Ahead Without Linking Riyadh to Israel Normalisation
Saudi Arabia and Israel Deprioritise Diplomacy: Normalisation No Longer a Middle-East Priority
As Trump Deepens Ties with Saudi Arabia, Push for Israel Normalization Takes a Back Seat
Thai Food Village Debuts at Saudi Feast Food Festival 2025 Under Thai Commerce Minister Suphajee’s Lead
Saudi Arabia Sharpens Its Strategic Vision as Economic Transformation Enters New Phase
Saudi Arabia Projects $44 Billion Budget Shortfall in 2026 as Economy Rebalances
OPEC+ Unveils New Capacity-Based System to Anchor Future Oil Output Levels
Hong Kong Residents Mourn Victims as 1,500 People Relocated After Devastating Tower Fire
Saudi Arabia’s SAMAI Initiative Surpasses One-Million-Citizen Milestone in National AI Upskilling Drive
Saudi Arabia’s Specialty Coffee Market Set to Surge as Demand Soars and New Exhibition Drops in December
Saudi Arabia Moves to Open Two New Alcohol Stores for Foreigners Under Vision 2030 Reform
Saudi Arabia’s AI Ambitions Gain Momentum — but Water, Talent and Infrastructure Pose Major Hurdles
Tensions Surface in Trump-MBS Talks as Saudi Pushes Back on Israel Normalisation
Saudi Arabia Signals Major Maritime Crack-Down on Houthi Routes in Red Sea
Italy and Saudi Arabia Seal Over 20 Strategic Deals at Business Forum in Riyadh
COP30 Ends Without Fossil Fuel Phase-Out as US, Saudi Arabia and Russia Align in Obstruction Role
Saudi-Portuguese Economic Horizons Expand Through Strategic Business Council
DHL Commits $150 Million for Landmark Logistics Hub in Saudi Arabia
Saudi Aramco Weighs Disposals Amid $10 Billion-Plus Asset Sales Discussion
Trump Hosts Saudi Crown Prince for Major Defence and Investment Agreements
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
Riyadh Metro Records Over One Hundred Million Journeys as Saudi Capital Accelerates Transit Era
Trump’s Grand Saudi Welcome Highlights U.S.–Riyadh Pivot as Israel Watches Warily
U.S. Set to Sell F-35 Jets to Saudi Arabia in Major Strategic Shift
Saudi Arabia Doubles Down on U.S. Partnership in Strategic Move
Saudi Arabia Charts Tech and Nuclear Leap Under Crown Prince’s U.S. Visit
Trump Elevates Saudi Arabia to Major Non-NATO Ally Amid Defense Deal
Trump Elevates Saudi Arabia to Major Non-NATO Ally as MBS Visit Yields Deepened Ties
Iran Appeals to Saudi Arabia to Mediate Restart of U.S. Nuclear Talks
Musk, Barra and Ford Join Trump in Lavish White House Dinner for Saudi Crown Prince
×