Clive Palmer to Appeal $305 Billion Claim Dismissal in Swiss Court After Tribunal Loss

September 28, 2025
Clive Palmer to Appeal $305 Billion Claim Dismissal in Swiss Court After Tribunal Loss
  • Mining magnate Clive Palmer plans to escalate his legal dispute with the Australian government by appealing to a Swiss court, despite a recent international tribunal ruling that dismissed his case.

  • Palmer is challenging the dismissal of his $305 billion compensation claim after an international arbitration tribunal in The Hague rejected his case, with plans to seek justice in the Swiss Federal Supreme Court.

  • Critics, including Patricia Ranald from the Australian Fair Trade and Investment Network, have highlighted global criticism of investor-state dispute settlement (ISDS) cases, especially by fossil fuel companies, urging Australia to review its commitments to the system.

  • Palmer argued that Western Australia's denial of permits breached the 2010 ASEAN-Australia-New Zealand free trade agreement, but the state's law exempting itself from the lawsuit was upheld by the high court.

  • The Western Australian government expressed hope that the tribunal's decision would end the long-running dispute, with Attorney-General Tony Buti emphasizing the potential impact of Palmer's initial claim.

  • Palmer's dispute involves a Singaporean investment company claiming nearly $200 billion in damages after a mining proposal was blocked, citing breaches of the ASEAN-Australia-New Zealand Free Trade Agreement.

  • Palmer's company, Zeph Investments, has four ongoing claims against the Australian government, including a $120 billion case related to resource development projects, with three claims suspended during tribunal proceedings.

  • The Hague tribunal ruled against Palmer, stating he is not a 'foreign investor' entitled to benefits under Australia's free trade agreements, and ordered him to pay over $13 million in costs, also ruling that his claim over a Pilbara iron ore mine was outside jurisdiction.

  • Australian legislation introduced in 2020 to prevent damages claims from mining rejection decisions was challenged by Palmer, who called it 'akin to the actions of a banana republic'.

  • Legal expert Alvin Yap explained that Palmer's challenge can be taken to a Swiss court, as Switzerland is the tribunal's seat, and the court's decision could potentially overrule or send the case back for reconsideration.

  • Despite the tribunal's ruling, Palmer remains committed to seeking justice in the Swiss Federal Supreme Court, hoping for a different outcome.

Summary based on 2 sources


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