“Make Investments” or “Making of Investments” means establishing new Investments, acquiring all or part of existing Investments or moving into different fields of Investment activity.
Consistent with Australia’s foreign investment policy, the establishment of a new mining or raw materials processing project in Australia with total investment of $A 10 million or more by a foreign interest, even where that foreign interest is already operating a similar business in Australia, is considered as the making of a new investment.
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Blusun S.A., Jean-Pierre Lecorcier and Michael Stein v. Italian Republic, ICSID Case No. ARB/14/3
Final Award, 27 December 2016, paragraphs 313-315
Energoalians SARL v. Republic of Moldova, UNCITRAL
Award, 23 October 2013, Paragraph 268-272
Dissenting Opinion of Dominic Pellew, 23 October 2013, paragraphs 8-9
Isolux Netherlands, BV v. Kingdom of Spain, SCC Case V2013/153
Final Award, 17 July 2016, paragraph 690