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- Headnote
- Decision [eng]
- Legal representatives of the Parties
- List of defined terms
- I Introduction
- II Procedural history
- III The Parties' requests
- IV Statement of facts
- 94
- A The Philip Morris International Group of Companies
- B The Work of the National Preventative Health Taskforce (NPHT)
- C Responses to the NPHT's Work and the Change in Government in Australia
- D The Proposed Restructuring and Plan to Introduce Plain Packaging Measures
- E Introduction of the Tobacco Plain Packaging Bill 2011
- V The Parties' arguments in respect of the Respondent's preliminary objections
- 183
- 184
- 185
- 186
- 187
- A Whether the Claimant Has Exercised Control Within the Meaning of Article 1(e) of the Treaty Since 2001
- B Whether the Claimant's Investment has been Admitted under Australian Law and Investment Policies
- 244
- 1 Meaning of “admitted by the other Contracting Party subject to its law and investment policies”
- 2 The Alleged False or Misleading Information in the Foreign Investment Application
- 3 Domestic Law Consequences of the Alleged Violations of the FATA
- 4 International Law Consequences of the Alleged Violations of the FATA
- C Whether the Claimant's Claim Relates to a Pre-Existing Dispute that Falls Outside the Tribunal's Jurisdiction or Otherwise Constitutes an Abuse of Right
- 351
- 1 The Ratione Temporis Argument
- 2 The Abuse of Right Argument
- D Whether the Parties Have Established Their Burden of Proof with Respect to the Preliminary Objections
- VI The Tribunal's analysis
- 494
- A Burden of Proof
- B Whether the Claimant Had Controlled PML's Business Prior to the Restructuring
- C Whether the Claimant's Investment has been Admitted under Australian Law and Investment Policies
- D Whether the Claimant's Claim Falls Outside the Temporal Scope of Article 10 of the Treaty
- E Whether the Claimant's Invocation of the Treaty Constitutes an Abuse of Rights
- F Costs of Arbitration
- VII Decisions
- Decision PDF [eng]
- [3.239.51.78]
- 3.239.51.78
