On 21 April 2025, the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Upgrade entered into force. This upgrade required AANZFTA Parties to review the ISDS mechanism within 18 months after the entry into force of the Upgrade. At the 13th AANZFTA Committee on Investment meeting in 2025, AANZFTA Parties agreed to commence discussions on the ISDS review in the second half of 2026.

Submissions are sought from interested parties to inform Australia’s position on the review of the AANZFTA ISDS mechanism.

Content of Submissions

Submissions may address any issue relating to renegotiation of AANZFTA’s ISDS arrangements. Stakeholders may wish to address the types of safeguards that Australia should seek to include to better protect the Government’s right to regulate in the public interest, or the nature and extent of investor protections that should be included.

Submissions and confidentiality

Written submissions may take several forms – from a short email through to a comprehensive analytical paper.  By making a submission, the author(s) agree to their submission, or part thereof, being used by the Commonwealth of Australia for Commonwealth purposes.

All submissions will be treated as public and will be published on this website, unless the author specifically requests that the submission, or part thereof, be handled in confidence. Details for publication include the name of the submitting organisation or individual and all information included in a submission, including contact information.  DFAT will not edit submissions prior to publishing.

Authors may request that all, or part, of a submission be treated as confidential. Material supplied in-confidence should be clearly marked 'IN CONFIDENCE' and provided in a separate attachment to non-confidential material.

Submissions may be lodged as follows:

By email:

BITreformsubmissions@dfat.gov.au

By mail:

AANZFTA Investment Chapter Reform Coordinator   
Trade Law and Economic Security Division   
Department of Foreign Affairs and Trade   
RG Casey Building  
John McEwen Crescent   
Barton  ACT  0221

Submissions should be lodged no later than COB Friday 27 February 2026.

Stakeholder consultations

The Department anticipates conducting virtual/in-person roundtables with interested stakeholders with dates to be advised. To register your interest to attend an in-person or virtual consultation session please email: BITreformsubmissions@dfat.gov.au.