A Singapore arbitration court ruled it had no jurisdiction in a complaint brought against the Australian plain packaging law by Philip Morris Asia, the tobacco company said.
PM Asia had contended the Australian law violated terms of an investment agreement with Hong Kong. Australia was the first country to ban branding on tobacco products. The law was passed in 2011 and enacted one year later. PM Asia filed its complaint with the Permanent Court of Arbitration in 2011.
“There is nothing in today’s (17 Dec) outcome that addresses, let alone validates, plain packaging in Australia or anywhere else,” said Marc Firestone, Philip Morris International general counsel. “It is regrettable that the outcome hinged entirely on a procedural issue that Australia chose to advocate instead of confronting head on the merits of whether plain packaging is legal or even works”.