In a significant verdict, the powerful Australian mining tycoon Clive Palmer has been directed to pay over $13 million after an international tribunal dismissed his decade-long assertion of being a “foreign investor.” According to Attorney General Michelle Rowland, the Permanent Court of Arbitration found no jurisdiction to entertain a dispute between a nation’s government and its citizen, affirming that Palmer is not entitled to benefits from Australia’s free trade and investment agreements.
Palmer’s Singaporean investment company had sought damages totaling nearly $200 billion after a mining project in Western Australia’s Pilbara region was halted. This case contested violations of the ASEAN-Australian-New Zealand Free Trade Agreement. In a notice to the international tribunal, Palmer criticized the project’s obstruction as akin to actions by a “banana republic” following the high court’s dismissal.
The tribunal ruled that Palmer must pay the costs amounting to $13.6 million. This ruling follows a three-day hearing in The Hague in September 2024 on jurisdiction and admissibility. University of New South Wales Associate Professor Jonathan Bonnitcha has noted the unpredictability of such cases, as every instance presents a unique set of arbitrators with non-public case documents, and tribunals usually show sympathy toward foreign investor claims, particularly those concerning retroactive legislation.
A spokesperson for Palmer indicated that they will review the tribunal’s decision. Despite this outcome, the government will continue to defend itself against similar international claims by Palmer.
Source: https://www.theguardian.com/australia-news/2025/sep/27/clive-palmer-ordered-to-pay-13m-after-claim-of-being-foreign-investor-in-australian-mining-project-thrown-out
