Case Details

Philip Morris International Inc. and others v. Ukraine (ICSID Case No. ARB/21/3)

Subject of Dispute:

Tobacco industry
Economic Sector:

Other Industry
Instrument(s) Invoked:

BIT Ukraine - Switzerland 1995, BIT Ukraine - United States of America 1994
Applicable Rules:

ICSID Convention - Arbitration Rules

Claimant(s)/Nationality(ies):

Philip Morris International Inc. (U.S.), Philip Morris Global Brands Inc. (U.S.), Philip Morris Brands Sàrl (Swiss), Orecla Sarl (Swiss), Philip Morris Products S.A. (Swiss), Philip Morris S.A. (Swiss), Philip Morris Ukraine Private JSC (Ukrainian), Philip Morris Sales and Distribution LLC (Ukrainian)
Respondent(s):

Ukraine (Ukrainian)
Date Registered:

January 20, 2021
Date of Constitution of Tribunal:

April 27, 2021

President:

Daniel BETHLEHEM (British) - Appointed by Co-Arbitrators
Arbitrators:

Peter REES (British) - Appointed by the Claimant(s)
Brigitte STERN (French) - Appointed by the Respondent(s)

Claimant(s):

DLA Piper Rus Limited, Moscow, Russia
DLA Piper UK, London, U.K.
Joe Smouha Q.C., London, U.K.
Lucas Bastin, London, U.K.
Respondent(s):

Clyde & Co, Paris, France
Sergii Koziakov & Partners, Kyiv, Ukraine
Ministry of Justice, Kyiv, Ukraine
Language(s) of Proceeding:

English
Status of Proceeding:

Concluded
Outcome of Proceeding:

January 28, 2022 - The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.

No References Available.

Date	Development
January 20, 2021	The Secretary-General registers a request for the institution of arbitration proceedings.
March 26, 2021	Following appointment by the Respondent, Brigitte Stern (French) accepts her appointment as arbitrator.
March 27, 2021	Following appointment by the Claimants, Peter Rees (British) accepts his appointment as arbitrator.
April 27, 2021	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Daniel Bethlehem (British), President, appointed by his co-arbitrators in consultation with the parties; Peter Rees (British), appointed by Claimants; and Brigitte Stern (French), appointed by Respondent.
April 27, 2021	Following appointment by his co-arbitrators in consultation with the parties, Daniel Bethlehem (British) accepts his appointment as presiding arbitrator.
June 12, 2021	The Tribunal holds a first session by video conference.
July 28, 2021	The Tribunal issues Procedural Order No. 1 concerning procedural matters.
September 30, 2021	The Claimants file a request for the discontinuance of the proceeding.
January 28, 2022	The Tribunal issues a procedural order taking note of the discontinuance of the proceeding pursuant to ICSID Arbitration Rule 44.