Case View
| Case name | Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia |
| Case description | This arbitration is conducted under the UNCITRAL Arbitration Rules of 2010 pursuant to the Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investments. |
| Name(s) of claimant(s) |
Philip Morris Asia Limited (Hong Kong) ( Private entity ) |
| Name(s) of respondent(s) |
The Commonwealth of Australia ( State ) |
| Names of parties | |
| Case number | 2012-12 |
| Administering institution | Permanent Court of Arbitration (PCA) |
| Case status | Pending |
| Type of case | Investment arbitration |
| Subject matter or economic sector | Manufacturing |
| Rules used in arbitral proceedings | UNCITRAL Arbitration Rules 2010 |
| Treaty or contract under which proceedings were commenced |
Bilateral treaty Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investments. Country A: China Country B: Australia |
| Language of proceeding |
English |
| Seat of arbitration (by country) | Singapore |
| Arbitrator(s) |
Professor Karl-Heinz Böckstiegel (Presiding Arbitrator) |
| Representatives of the claimant(s) | Mr. Stanimir A. Alexandrov
Mr. Chris Young NINIAN STEPHEN CHAMBERS |
| Representatives of the respondent(s) | Mr. Simon Daley PSM |
| Representatives of the parties | |
| Number of arbitrators in case | 3 |
| Date of commencement of proceeding [dd-mm-yyyy] | 22-06-2011 |
| Date of issue of final award [dd-mm-yyyy] | |
| Length of proceedings | Pending |
| Additional notes |
The Tribunal issued an Award on Jurisdiction and Admissibility on 17 December 2015. The Award will be made available to the public on the PCA Case Repository once any confidential information that may be contained in the Award has been redacted by the Parties pursuant to Procedural Order No. 5.
The arbitration concerns Australia’s enactment and enforcement of the Tobacco Plain Packaging Act 2011 and the implementing regulations known as the Tobacco Plain Packaging Regulations 2011.
In Procedural Order No. 8, the Tribunal ordered the bifurcation of the proceedings such that certain preliminary objections by Australia would be dealt with in a first phase. In its Award on Jurisdiction and Admissibility of 17 December 2015, the Tribunal accordingly addressed Australia’s objection that the Claimant’s investment was not properly admitted in Australia; Australia's objection that the dispute had arisen before the Claimant obtained the protection of the Agreement between the Government of Hong Kong and the Government of Australia for the Promotion and Protection of Investments; and Australia's objection that, in any event, the commencement of the arbitration shortly after the Claimant’s restructuring constituted an abuse of rights.
Procedural Orders No. 5 and 8, as well as the Tribunal’s other procedural orders in these proceedings, are available on the PCA Case Repository. |
| Attachments |
Procedural order
|
