London Daily

Focus on the big picture.
Saturday, Jul 18, 2026

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

0:00
0:00
Close
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
The Ten World Cup Finals That Defined Football History
Smartphones Are Getting More Expensive, Sales Are Collapsing, and Even Apple Admits: "Prices Will Rise"
The Monaco Bombing Has Become a Test of Ukraine’s Intelligence Accountability
Leadership Change and Strategic Rivalry Redraw the Political Map
Energy Risk, Uneven Growth and the New Geography of Global Capital
The AI Race Enters Its Infrastructure Era
Security and resilience remain long-term national priorities
Britain balances growth ambitions with public finance pressures
Regional devolution becomes a defining theme of the next Labour era
Industrial strategy returns to the centre of British economic policy
Political Instability Remains a Challenge for UK Investment Confidence
Brexit Economic Debate Continues as Public Concerns Over Long-Term Impact Remain
UK Climate Risks Rise as Met Office Warns Extreme Weather Is Becoming More Common
Housing Shortages and Regional Inequality Become Key Priorities Under Incoming Labour Leadership
National Health Service Reform Remains One of Britain’s Biggest Political Challenges
Bank of England Remains at Centre of UK Economic Debate Over Inflation and Growth
UK Economy Shows Recovery Signs but Households and Businesses Remain Under Pressure
Britain Deepens European Defence Cooperation as NATO Allies Seek Stronger Security Capabilities
United Kingdom Expands Sanctions Against Russian Cyber Networks Over Security Threats
UK Industrial Strategy Faces Test After Government Takes Control of British Steel
British Businesses Seek Policy Clarity as Andy Burnham Prepares to Lead Labour Government
Andy Burnham’s Labour Leadership Signals Major Shift Toward Regional Power and Devolution
British Steel Nationalisation Creates New UK-China Tensions Over Control of Strategic Industry
For 36 Years, He Scammed About 300 Luxury Hotels — Until He Was Caught
England's World Cup Exit Expected to Cost Hospitality and Retail £334 Million
Former ICC Prosecutor Aide Speaks Publicly About Allegations Against Karim Khan
Opposition Raises Questions Over June Heatwave Power Grid Pressures
Mastercard Explores Sale of Majority Stake in UK Payments Operator Vocalink
Boeing Forecasts Global Commercial Aircraft Fleet Will Double by 2045
London GP Surgeries Receive £18 Million to Expand Primary Care Capacity
Health Advisers Recommend Nationwide Meningitis B Vaccination for Teenagers
OECD Warns UK Economy Faces Slower Growth and Weak Productivity
Treasury Places Major Global Cloud Providers Under Direct Financial Oversight
Financial Markets Rally as Shabana Mahmood Emerges as Leading Treasury Candidate
Incoming Government Prepares Thames Water Nationalisation and New North Sea Drilling Approvals
UK Government Plans Deep Cuts to Bilateral Aid for African Nations
United States and Iran Exchange Direct Strikes for Seventh Consecutive Night
Incoming Prime Minister Andy Burnham Confirmed as Labour Leader Ahead of Downing Street Handover
Britain Nationalises British Steel to Protect Scunthorpe Production and Strategic Supply
Andy Burnham Takes Labour Leadership and Prepares to Become Britain’s Seventh Prime Minister in a Decade
Tech Companies Want to Move Computing Off Your Screen and Onto Your Body
White House Teleprompter Operator Earned More Than $100,000 From Bets Linked to the President's Speeches
French Prime Minister Survives No-Confidence Vote After Controversial Budget Cuts
European Commission Opens Excessive Deficit Procedure Against France
French Senate Blocks Key Immigration Reform Measures
French Government Pushes EU Action Against Ultra-Fast Fashion Imports
French Parliament Debates Expanded Autonomy Powers for Corsica
France Reopens Autonomy Talks With New Caledonia After Months of Unrest
Bordeaux Wine Producers Seek Three Hundred Million Euro Aid Package After Export Collapse
×