Arbitral Digest

Matter

Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7)

Case no.
ARB/10/7
Applicable rules
ICSID Arbitration Rules · ICSID Institution Rules
  1. 2 July 2013Arbitration

    2 July 2013Arbitration

    Decision on Jurisdiction

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal unanimously affirmed jurisdiction over the claims presented by the Claimants, including jurisdiction under Article 46 of the ICSID Convention over the denial of justice claim, and reserved questions concerning costs and expenses.

    Supporting details

    3 authorities · 15 participants
    Philip Morris Brands Sarl
    Representative
    Daniel M. Price (For: Philip Morris Brands Sarl)
    Representative
    Stanimir Alexandrov (For: Philip Morris Brands Sarl)
    Representative
    James Mendenhall (For: Philip Morris Brands Sarl)
    Representative
    Veijo Heiskanen (For: Philip Morris Brands Sarl)
    Representative
    Noradele Radjai (For: Philip Morris Brands Sarl)
    Representative
    Samuel Moss (For: Philip Morris Brands Sarl)
    Expert
    Carlos E. Delpiazzo (For: Philip Morris Brands Sarl)
    Philip Morris Products S.A.
    Abal Hermanos S.A.
    Oriental Republic of Uruguay
    Representative
    Paul S. Reichler (For: Oriental Republic of Uruguay)
    Representative
    Ronald E.M. Goodman (For: Oriental Republic of Uruguay)
    Representative
    Eduardo Jimenez de Arechaga (For: Oriental Republic of Uruguay)
    Expert
    Daniel Hugo Martins (For: Oriental Republic of Uruguay)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    3
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      convention
    • Agreement between the Swiss Confederation and the Oriental Republic of Uruguay on the Reciprocal Promotion and Protection of Investments (Switzerland-Uruguay BIT, 7 October 1988)
      treaty
    • Uruguay Law 16,110
      statute

    1 year, 7 months and 15 days later · 595 days

  2. 17 February 2015Arbitration

    17 February 2015Arbitration

    Procedural Order No. 3

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed the World Health Organization and the WHO FCTC Secretariat to file written non-disputing party submissions under Rule 37(2), set a thirty-day period for the Parties' comments, reserved costs, and directed that the Order be subject to no confidentiality restrictions.

    Supporting details

    1 authority · 6 participants
    World Health Organization
    WHO FCTC Secretariat
    Philip Morris Brands Sarl
    Representative
    Stanimir Alexandrov (For: Philip Morris Brands Sarl)
    Oriental Republic of Uruguay
    Representative
    Paul S. Reichler (For: Oriental Republic of Uruguay)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      convention

    1 month and 7 days later · 35 days

  3. 24 March 2015Arbitration

    24 March 2015Arbitration

    Procedural Order No. 4

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal allowed the Pan American Health Organization to file a written non-disputing party submission under Rule 37(2), reserved costs, imposed no confidentiality restrictions, and replaced Procedural Order No. 4 dated 20 March 2015 in its entirety.

    Supporting details

    1 authority · 5 participants
    Pan American Health Organization
    Philip Morris Brands Sarl
    Representative
    Stanimir Alexandrov (For: Philip Morris Brands Sarl)
    Oriental Republic of Uruguay
    Representative
    Paul S. Reichler (For: Oriental Republic of Uruguay)
    International Centre for Settlement of Investment Disputes

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      convention

    1 year, 3 months and 14 days later · 472 days

  4. 8 July 2016Arbitration

    8 July 2016Arbitration

    Award

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal dismissed the Claimants' claims. It ordered the Claimants to pay Uruguay US$7 million on account of Uruguay's own costs and to bear all fees and expenses of the Tribunal and ICSID's administrative fees and expenses, reimbursing Uruguay for amounts it paid to the Centre.

    Supporting details

    1 authority · 12 participants
    Philip Morris Brands Sarl
    Representative
    Stanimir Alexandrov (For: Philip Morris Brands Sarl)
    Representative
    Jennifer Haworth McCandless (For: Philip Morris Brands Sarl)
    Philip Morris Products S.A.
    Abal Hermanos S.A.
    Oriental Republic of Uruguay
    Representative
    Paul Reichler (For: Oriental Republic of Uruguay)
    Representative
    Ronald Goodman (For: Oriental Republic of Uruguay)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    James Crawford
    Tribunal secretary
    Mairee Uran-Bidegain

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      convention

    2 months and 18 days later · 80 days

  5. 26 September 2016Arbitration

    26 September 2016Arbitration

    Decision on Rectification

    International Centre for Settlement of Investment Disputes

    Decision summary
    The Tribunal rectified specified clerical and similar errors in the Award, rejected or found no need for the other requested rectifications, and ordered each party to bear its own expenses; the total costs of USD 7,500.00 were to be borne in equal shares.

    Supporting details

    1 authority · 12 participants
    Philip Morris Brands Sarl
    Representative
    Stanimir Alexandrov (For: Philip Morris Brands Sarl)
    Representative
    James Mendenhall (For: Philip Morris Brands Sarl)
    Philip Morris Products S.A.
    Abal Hermanos S.A.
    Oriental Republic of Uruguay
    Representative
    Paul Reichler (For: Oriental Republic of Uruguay)
    Representative
    Foley Hoag LLP (For: Oriental Republic of Uruguay)
    International Centre for Settlement of Investment Disputes
    Arbitrator
    Gary Born
    Arbitrator
    James Crawford
    Tribunal secretary
    Mairee Uran-Bidegain

    Authorities cited

    1
    • Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 1965)
      convention

Matter record

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Philip Morris Brands Sàrl, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay (ICSID Case No. ARB/10/7) · Matter