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Investor-State Arbitration – Tobacco Plain Packaging

On 1 December 2011 the Tobacco Plain Packaging Act 2011 (“the TPP Act”) received Royal Assent and became law in Australia.

The TPP Act forms part of a comprehensive Government strategy to reduce the rate of smoking in Australia. Smoking is one of the leading causes of preventable death and disease in Australia.

Philip Morris Asia is challenging the plain packaging legislation under the 1993 Agreement between the Government of Australia and the Government of Hong Kong for the Promotion and Protection of Investments. On 21 December 2011, the Government provided its Response to Philip Morris Asia’s Notice of Arbitration.

The arbitration will be conducted under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules 2010.

As the proceedings brought by Phillip Morris Asia concern the Government’s right to take regulatory measures to protect public health, it is important that the public have access to information relating to the proceedings. The Government is committed to achieving transparency in these proceedings. This website will be used to provide relevant information and available documents.

Constitutional Challenges to Tobacco Plain Packaging

A number of cases have been initiated in the High Court of Australia challenging the constitutional validity of the plain packaging legislation.

The parties’ written submissions in these proceedings will be available to the public on the High Court’s website, and the hearings will also be open to the public.

Key Documents

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