Arbitration (Amendment) Bill 2025: Committee Stage (Resumed)
Seanad Éireann — 2026-05-28
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Alice-Mary Higgins (IND), National University of Ireland

The Minister of State has literally not answered the question. First, in terms of that list, it also includes provision for other measures that can be attached. It is not a closed box in terms of fair and equitable treatment. Further things may be added.
The Minister of State has been repeatedly asked - and not just by me - to address the interpretation of fair and equitable treatment and the question of specific representations. He has not addressed that. Will he clarify what, if any, risk analysis has been taken in terms of that element of exposure? The Minister of State has been asked about it repeatedly and he has never spoken about this section. It is there in the text of Article 8.10, that if a party has made a representation to encourage investment and then that investment is subsequently frustrated by the party, it may be considered unfair and inequitable treatment.
Has the Minister of State considered that because any time he has been asked about it he has not given an answer?

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-05-28/debate/main
Retrieved: 2026-08-14T04:55:01+00:00
Sitting date: 2026-05-28