1, INTRODUCTION

1,1 This document is a Notice of Arbltrat,on ("Notice") pursuant to Article 10 of 1he Agreement between the Government of Hong Kong anc the Government of Ausltralia for the Promotion and Protection of Investments (the "Blr) and Article :3 of the Arbitration Rules of the United Nations Commission on Inter'lational Trade law 2010 (the "UNCITRAL Arbitration Rules") concerning claims mBde by Philip Morris Asia limited ("PM AsJa") {a Hong Kong domiciled imited liability company) against the Commonwealth of Australia (" Australia").

1.2 PM Asia's claims arise from 1he enactment and enforcement of the Tobacco Plain Packaging Act 2011 (CIII) rTPP Act') aro its effect 00 investments in Australia owned or controlled by PM Asi::t These clzums were summarised in a Notice of Claim dated 22 June 2011, which PM Asia served on Aus1ralla on 27 June 2011 (attachec to this Notice as Schedule '\}

1.3 PM Asia owns 100"/" of the shares of Philip Morns (Austra!(a) Limited ("PM Australia"), which owns 100% of 1M shares of Philip Morris Limited {"PML"). PM Asia and its wholly owned subsidiaries in Australia (together "Philip Morris") manufacture. import, markel and diWibute for sale tobacco produCls, princIpally cigarettes. PML has righ:s witr respect to certain intellectual property in Australia, including registered and unregisterec trade marks; copyright works: registered and unregistered designs; and overall get up of the product packaging ("inteJiectual property") Use of that intellectual property on and In reialion to Philip Morris' tobacco products ar.d packagi'lg has generated substantial and valuable goodwill.