Australia Prevails at Permanent Court of Arbitration on Jurisdiction Against Phillip Morris in Tobacco Dispute (December 17, 2015) [1]
On December 17, 2015, a tribunal at the Permanent Court of Arbitration dismissed the case of Phillip Morris against Australia, which had arisen under the bilateral investment treaty (BIT) of Australia and Hong Kong. Philip Morris challenged the Australian plain packaging law for cigarettes, which is intended to aid the government’s anti-smoking campaign. Philip Morris argued that this restriction of the use of its trademark was a violation of the BIT. According to a news report [3], the tribunal reached its decision on procedural grounds in bifurcated proceedings. The award is not yet public and will be released once the parties have agreed on the redaction of confidential information it contains.Â