News | 14 August 2026

LALIVE secures victory for Australia in US$211 billion investment treaty dispute

LALIVE is proud to have successfully represented the Commonwealth of Australia before the Swiss Federal Supreme Court in defending an arbitral award dismissing a US$198 billion investment treaty claim brought by Zeph Investments Pte Ltd, a company ultimately owned by Clive Palmer, an Australian businessman active in the mining sector.

Zeph bought its claim under the ASEAN-Australia-New Zealand free trade agreement (AANZFTA) and in September 2025, a Geneva-seated UNCITRAL arbitral tribunal declined jurisdiction. It unanimously found that Zeph was not an investor with an investment that is protected under the AANZFTA and awarded Australia approximately US$9.6 million in costs.

The LALIVE team advising and representing Australia in the set aside and revision proceedings before the Swiss Federal Supreme Court included partners Matthias Scherer in Zurich, Catherine Anne Kunz, Domitille Baizeau and Laura Azaria in Geneva, and Geneva-based senior associate Simon Bianchi.

The Supreme Court decisions are available on the Court’s website under case numbers 4A_531/2025 and 4A_633/2025 and were reported in GAR.

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