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Philip Morris Asia Limited v. The Commonwealth of Australia, UNCITRAL, PCA Case No. 2012-12

New
Short Name:

Case type:
International Investment Agreement (Investor–State)
Seat of Arbitration:
Investment treaty:
Australia-Hong Kong BIT
Applicable legal instruments:
Australia-Hong Kong BIT
See case mapped on Investor-State LawGuide

Available documents

22 Jun 2011
Notice of Claim
Document Details:
PARTICIPANTS
Notice of Claim
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Claim
This summary note is machine-generated. Always consult the original materials.


21 Nov 2011
Notice of Arbitration
Document Details:
PARTICIPANTS
Notice of Arbitration
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Notice of Arbitration
This summary note is machine-generated. Always consult the original materials.


21 Dec 2011
Australia's Response to the Notice of Arbitration
Document Details:
PARTICIPANTS
Australia's Response to the Notice of Arbitration
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Australia's Response to the Notice of Arbitration
This summary note is machine-generated. Always consult the original materials.


7 Jun 2012
Procedural Order No. 1
Document Details:
PARTICIPANTS
Procedural Order No. 1
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 1
This summary note is machine-generated. Always consult the original materials.


3 Aug 2012
Procedural Order No. 2
Document Details:
PARTICIPANTS
Procedural Order No. 2
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 2
This summary note is machine-generated. Always consult the original materials.


5 Oct 2012
Order of the High Court of Australia (Tobacco Plain Packaging Act)
Document Details:
PARTICIPANTS
Order of the High Court of Australia (Tobacco Plain Packaging Act)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Country in which this occurs:
Australia
Print reporter
Entities
Document Summary
Order of the High Court of Australia (Tobacco Plain Packaging Act)
This summary note is machine-generated. Always consult the original materials.


26 Oct 2012
Procedural Order No. 3 (Regarding the Place of Arbitration)
Document Details:
PARTICIPANTS
Procedural Order No. 3 (Regarding the Place of Arbitration)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 3 (Regarding the Place of Arbitration)
This summary note is machine-generated. Always consult the original materials.


26 Oct 2012
Procedural Order No. 4 (Regarding the Procedure until a Decision on Bifurcation)
Document Details:
PARTICIPANTS
Procedural Order No. 4 (Regarding the Procedure until a Decision on Bifurcation)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 4 (Regarding the Procedure until a Decision on Bifurcation)
This summary note is machine-generated. Always consult the original materials.


30 Nov 2012
Procedural Order No. 5 (Regarding Confidentiality)
Document Details:
PARTICIPANTS
Procedural Order No. 5 (Regarding Confidentiality)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 5 (Regarding Confidentiality)
This summary note is machine-generated. Always consult the original materials.


30 Nov 2012
Procedural Order No. 6 (Regarding Outstanding Procedural Matters)
Document Details:
PARTICIPANTS
Procedural Order No. 6 (Regarding Outstanding Procedural Matters)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 6 (Regarding Outstanding Procedural Matters)
This summary note is machine-generated. Always consult the original materials.


31 Dec 2012
Procedural Order No. 7 (Regarding Amendments to the Timetable)
Document Details:
PARTICIPANTS
Procedural Order No. 7 (Regarding Amendments to the Timetable)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 7 (Regarding Amendments to the Timetable)
This summary note is machine-generated. Always consult the original materials.


14 Apr 2014
Decision on Bifurcation (not public, see IAReporter story)
Document Details:
PARTICIPANTS
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
This summary note is machine-generated. Always consult the original materials.


14 Apr 2014
Procedural Order No. 8 (redacted)
Document Details:
PARTICIPANTS
Procedural Order No. 8 (redacted)
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 8 (redacted)
This summary note is machine-generated. Always consult the original materials.


16 May 2014
Procedural Order No. 9
Document Details:
PARTICIPANTS
Procedural Order No. 9
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 9
This summary note is machine-generated. Always consult the original materials.


26 Aug 2014
Procedural Order No. 10 regarding the Timetable for the Exchange of Privilege Logs
Document Details:
PARTICIPANTS
Procedural Order No. 10 regarding the Timetable for the Exchange of Privilege Logs
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 10 regarding the Timetable for the Exchange of Privilege Logs
This summary note is machine-generated. Always consult the original materials.


23 Sep 2014
Procedural Order No. 11 regarding the Parties' Requests for the Production of Documents
Document Details:
PARTICIPANTS
Procedural Order No. 11 regarding the Parties' Requests for the Production of Documents
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 11 regarding the Parties' Requests for the Production of Documents
This summary note is machine-generated. Always consult the original materials.


14 Nov 2014
Procedural Order No. 12 regarding the Parties' Privilege Claims
Document Details:
PARTICIPANTS
Procedural Order No. 12 regarding the Parties' Privilege Claims
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 12 regarding the Parties' Privilege Claims
This summary note is machine-generated. Always consult the original materials.


20 Jan 2015
Procedural Order No. 14 regarding Admission of Expert Evidence and Legal Authorities
Document Details:
PARTICIPANTS
Procedural Order No. 14 regarding Admission of Expert Evidence and Legal Authorities
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 14 regarding Admission of Expert Evidence and Legal Authorities
This summary note is machine-generated. Always consult the original materials.


4 Feb 2015
Procedural Order No. 15 regarding the Forthcoming Hearing on Preliminary Objections
Document Details:
PARTICIPANTS
Procedural Order No. 15 regarding the Forthcoming Hearing on Preliminary Objections
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 15 regarding the Forthcoming Hearing on Preliminary Objections
This summary note is machine-generated. Always consult the original materials.


23 Feb 2015
Procedural Order No. 16 regarding the Further Procedure After the Hearing on Preliminary Objections
Document Details:
PARTICIPANTS
Procedural Order No. 16 regarding the Further Procedure After the Hearing on Preliminary Objections
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 16 regarding the Further Procedure After the Hearing on Preliminary Objections
This summary note is machine-generated. Always consult the original materials.


17 Dec 2015
Award on Jurisdiction and Admissibility
Document Details:
PARTICIPANTS
Award on Jurisdiction and Admissibility
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Stanimir A. Alexandrov, James Mendenhall, Marinn Carlson, David Roney, SIDLEY AUSTIN LLP, Joe Smouha QC, Salim Moollan QC, ESSEX COURT CHAMBERS, Simon W.B. Foote, BANKSIDE CHAMBERS Mr. Chris Young NINIAN STEPHEN CHAMBERS
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Award on Jurisdiction and Admissibility
This summary note is machine-generated. Always consult the original materials.


2 May 2016
Procedural Order No. 17
Document Details:
PARTICIPANTS
Procedural Order No. 17
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Respondent appointee
Tribunal/Panel chair
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Respondent's counsel
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Procedural Order No. 17
This summary note is machine-generated. Always consult the original materials.


8 Jul 2017
Final Award Regarding Costs
Document Details:
PARTICIPANTS
Final Award Regarding Costs
Participants listed for this document only; this may not include all participants involved in the entire case.
Claimant appointee
Claimant appointee:
Gabrielle Kaufmann-Kohler
Respondent appointee
Respondent appointee:
Donald M. McRae
Tribunal/Panel chair
Chair/President:
Karl-Heinz Böckstiegel
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Stanimir A. Alexandrov, James Mendenhall, Marinn Carlson, David Roney, Sidley Austin, Joe Smouha QC, Salim Moollan QC, ESSEX COURT CHAMBERS, Chris Young, Ninian Stephen Chambers
Respondent's counsel
JoSimon Daley, Catherine Kelso, Jonathon Hutton, Jancis Cunliffe, Justin Gleeson, Samuel Wordsworth, Chester Brown, ESSEX COURT CHAMBERS, 7 Wentworth Selborne Chambers, James Hutton, Eleven Wentworth Chambers, Bill Campbell
Other counsel
Claimant's expert
Respondent's expert
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Tribunal assistant
Country
Print reporter
Entities
Document Summary
Final Award Regarding Costs
This summary note is machine-generated. Always consult the original materials.