Case Details

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)

Subject of Dispute:

Tobacco industry
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Uruguay - Switzerland 1988
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Abal Hermanos S.A. (Uruguayan), Philip Morris Products S.A. (Swiss), Philip Morris Brands Sàrl (Swiss)
Respondent(s):

Oriental Republic of Uruguay (Uruguayan)
Date Registered:

March 26, 2010
Date of Constitution of Tribunal:

March 15, 2011

Composition of Tribunal

President:

Piero BERNARDINI (Italian) - Appointed by the Secretary-General
Arbitrators:

Gary B. BORN (U.S.) - Appointed by the Claimant(s)
James R. CRAWFORD (Australian) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Lalive, Geneva, Switzerland
Sidley Austin, Washington, D.C., U.S.A.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Ministerio de Salud Pública (MSP), Montevideo. Uruguay
Presidencia de la República Oriental del Uruguay, Montevideo, Uruguay
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

July 8, 2016 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gary Born.

(b) Rectification Proceeding

Applicant(s)/Requesting Party(ies):

Claimant(s)
Date Registered:

August 12, 2016 (Claimant(s))

Party Representatives

Claimant(s):

Lalive, Geneva, Switzerland
Sidley Austin, Washington, D.C., U.S.A.
Respondent(s):

Foley Hoag, Washington, D.C., U.S.A.
Ministerio de Salud Pública (MSP), Montevideo. Uruguay
Presidencia de la República Oriental del Uruguay, Montevideo, Uruguay
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

September 26, 2016 - The Tribunal issues a decision on the rectification of the award.

(a) Original Proceeding

Published Decisions

Decision on Jurisdiction

Non-disputing party submission by WHO and WHO FCTC

Procedural Order No. 3

Procedural Order No. 4

Award of the Tribunal

Available on the ICSID Website

Decision on Jurisdiction (July 2, 2013) English (Original); Spanish (Original)

Non-disputing party submission by WHO and WHO FCTC (January 28, 2015) English (Original)

Procedural Order No. 3 (February 17, 2015) English (Original)

Procedural Order No. 4 (March 24, 2015) English (Original)

Award of the Tribunal (July 8, 2016) English (Original); Spanish (Original)

(b) Rectification Proceeding

Published Decisions

Decision on the Rectification of the Award

Available on the ICSID Website

Decision on the Rectification of the Award (September 26, 2016) English (Original); Spanish (Original)

(a) Original Proceeding

Date	Development
March 26, 2010	The Secretary-General registers a request for the institution of arbitration proceedings.
March 15, 2011	The Tribunal is constituted. Its members are: Piero Bernardini (Italian), President; Gary B. Born (U.S.); and James R. Crawford (Australian).
May 25, 2011	The Tribunal holds a first session by telephone.
September 6, 2011	The Tribunal issues a procedural order concerning confidentiality.
September 24, 2011	The Respondent files a memorial on jurisdiction.
January 24, 2012	The Claimants file a counter-memorial on jurisdiction.
April 20, 2012	The Respondent files a reply on jurisdiction.
July 20, 2012	The Claimants file a rejoinder on jurisdiction.
February 5, 2013 - February 6, 2013	The Tribunal holds a hearing on jurisdiction in Paris.
July 2, 2013	The Tribunal issues a decision on jurisdiction.
March 3, 2014	The Claimants file a memorial on the merits.
October 13, 2014	The Respondent files a counter-memorial on the merits.
December 30, 2014	Following exchanges between the parties, the Claimants file a request for the Tribunal to decide on production of documents. Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
January 13, 2015	The Tribunal issues Procedural Order No. 2 concerning production of documents.
January 30, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
February 9, 2015	Each party files observations on the non-disputing party’s application.
February 12, 2015	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
February 17, 2015	The Tribunal issues Procedural Order No. 3 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 6, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 16, 2015	Each party files observations on the non-disputing party’s application.
March 18, 2015	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2). The non-disputing party files a written submission pursuant to ICSID Arbitration Rule 37(2).
March 19, 2015	Each party files observations on the non-disputing party’s written submission of February 12, 2015.
March 20, 2015	The Tribunal issues Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
March 24, 2015	The Tribunal issues a revised Procedural Order No. 4 concerning the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
April 18, 2015	The Claimants file a reply on the merits.
May 18, 2015	Each party files observations on the non-disputing party’s written submission of March 18, 2015.
July 22, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
August 6, 2015	Each party files observations on the non-disputing party’s application.
August 7, 2015	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 14, 2015	A non-disputing party files an application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
September 20, 2015	The Respondent files a rejoinder on the merits.
September 22, 2015	Each party files observations on the non-disputing party’s application.
September 24, 2015	The Tribunal decides on the non-disputing party’s application to file a written submission pursuant to ICSID Arbitration Rule 37(2).
October 19, 2015 - October 29, 2015	The Tribunal holds a hearing on the merits in Washington, D.C.
November 2, 2015	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
January 19, 2016	Each party files a submission on costs.
April 8, 2016	Each party files an updated submission on costs.
May 27, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
July 8, 2016	The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Gary Born.

(b) Rectification Proceeding

Date	Development
August 12, 2016	The Acting Secretary registers a request for rectification of the award filed by Philip Morris Brands Sàrl (Switzerland), Philip Morris Products S.A. (Switzerland) and Abal Hermanos S.A. (Uruguay).
August 19, 2016	The Respondent files observations on the Claimants request of August 12, 2016.
September 26, 2016	The Tribunal issues a decision on the rectification of the award.