Grace Chaw

PhD Candidate

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Grace is a PhD candidate at Melbourne University under the supervision of Professor Tania Voon and Associate Professor Jarrod Hepburn.

Grace leads an active dispute resolution practice in litigation and arbitration. Local and foreign solicitors regularly brief Grace to appear as a trial lawyer and appellate counsel for contentious legal proceedings emanating from Sabah, Malaysia. She was the lead counsel in various decisions of the High Court, Court of Appeal, and the Federal Court, reported in the Malayan Law Journal (MLJ) and Current Law Journal (CLJ), recognising her dedication to advocacy practice.

Grace is an independent arbitrator empanelled with the Asian International Arbitration Centre (AIAC), the Dubai International Arbitration Centre (DIAC) and the Borneo International Centre for Arbitration and Mediation (BICAM). She completed her higher education in the laws of investment treaty arbitration and international commercial arbitration at the School of International Arbitration at the Queen Mary University of London. She is a Fellow of the Chartered Institute of Arbitrators (FCIArb).

Grace also sits as an adjudicator at the AIAC to hear payment claims under the Construction Industry Payment and Adjudication Act (CIPAA) 2012. Her contribution to the Malaysian adjudication literature includes “Statutory adjudication in Malaysia and ‘Sabah proceeding’ – a paradox?” [2021] 3 MLJ cdlxxxviii.

Thesis Title

Judicial Expropriation: the Search for a Coherent Approach.

Thesis Summary

The thesis aims to address the following key questions:

  1. What is a coherent approach for determining judicial expropriation in the context of investment treaty arbitration within international law?
  2. What impact does judicial expropriation have on both investor-state dispute settlement mechanisms and the broader framework of international investment law?
  3. How does a coherent determination of judicial expropriation impact the balance between the interests of contracting states and the protection of foreign investors and their investments?

Supervisors