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Wednesday, 11 August 2004
Page: 26093


Senator BROWN (10:04 AM) —I would like to explore this a little further. If an Australian company goes to the government and says, `We want some action because our interests are being infringed under the free trade agreement,' and the Australian government goes to the US Administration and says, `We want this fixed,' and the US government says, `We have done it right'—that is, there is a dispute—the minister says there is an agreement, nevertheless, for arbitration. Will that be in an Australian court or in an American court? Is it appealable to an Australian or an American court? If the answer is `no' to either or both of those questions, who will arbitrate, where will the arbitration take place and what is the appeal mechanism?