A nice summary of the Phillip Morris v Australia BiT case – plain packaging decision

Available here:


“Award Name and Date: Philip Morris Asia Limited v The Commonwealth of Australia (PCA Case No. 2012-12) Award on Jurisdiction and Admissibility, 17 December 2015

Case Report by: Marina Kofman** and Erika Williams*** Edited by Ignacio Torterola

Award Name and Date: Philip Morris Asia Limited v The Commonwealth of Australia (PCA Case No. 2012-12) Award on Jurisdiction and Admissibility, 17 December 2015 Case Report by: Marina Kofman** and Erika Williams*** Edited by Ignacio Torterola Summary: Claimant brought a claim against Respondent under the bilateral investment treaty between Hong Kong and Australia in respect of Respondent’s introduction of legislation mandating the plain packaging of tobacco products. Claimant undertook a restructure in 2011 whilst Respondent was considering the introduction of plain packaging measures. Following the restructure, Claimant became the sole shareholder of the Australian entities which were a part of the global group of companies. The Tribunal found that Claimant’s restructure was for the principal, if not the sole, purpose of gaining protection under the Treaty. The Tribunal held that the claims were inadmissible and it was precluded from exercising jurisdiction over the dispute.”