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Philip Morris v. Australia

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Case Details

Year of Filing: 2011

Case Status: Arbitral Phase Concluded

Claimant(s): Philip Morris Asia Ltd.

Respondent(s): Commonwealth of Australia

Arbitral Rules: UNCITRAL and/or Ad-Hoc

Legal Instrument: Treaty

Treaty: Australia-Hong Kong BIT

Administrative Case Number: PCA Case No. 2012-12

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Philip Morris v. Australia

After respective battles with Philip Morris, Australia and Uruguay unveil new bilateral investment treaty Apr 15, 2019
Final costs details are released in Philip Morris v. Australia following request by IAReporter Mar 21, 2019
Final award is released in Philip Morris v. Australia case, but crucial costs information is redacted from public view Jul 9, 2017
Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor’s corporate restructuring to be abusive May 17, 2016
Australia prevails in arbitration with Philip Morris over tobacco plain packaging dispute Dec 17, 2015
Latest developments in the Philip Morris arbitrations against Australia and Uruguay Feb 12, 2015
Philip Morris v. Australia: new ruling explains why jurisdictional questions to be reviewed first; umbrella clause is no longer being used to import WTO law Jun 30, 2014
Australia denies access to its “plain packaging” arbitration defence under Freedom of Information law May 12, 2014
Updates on progress of Philip Morris arbitrations against Australia and Uruguay Apr 28, 2014
First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases Feb 28, 2013
Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published Jan 10, 2013
Hearing set for Australia’s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested “control” issue? Jan 10, 2013
Philip Morris v Australia arbitration kicks into gear as tribunal is chosen Jun 7, 2012
ICSID Round-Up: Argentina bondholders tribunal reconstituted, Hungary tribunal picked, and two new annulment panels chosen Jan 31, 2012
Australia opts for transparency in Philip Morris arbitration; Uruguay faces similar claim, but has yet to follow suit Dec 31, 2011
ANALYSIS: Australian defense strategy puts spotlight on timing of Philip Morris’s corporate structuring moves, claims “abuse” of investment treaty Dec 31, 2011
Philip Morris puts Australia on notice of treaty claim, but both parties decline to release documents; claim over tobacco regulations would be third treaty-based investor-state claim filed by Philip Morris since 2010 Jun 30, 2011