In the Procedural Order No. 6, the Tribunal determines certain outstanding procedural matters concerning the conduct of the present arbitration.
For the most part, the Tribunal has placed on record the agreed results of the discussion at the First Procedural Meeting, held on 30 July 2012 in Singapore. In relation to some points, a decision by the Tribunal was called for.
II. PROCEDURAL HISTORY
According to the Notice of Arbitration, the dispute arises from the enactment and enforcement by the Respondent of the Tobacco Plain Packaging Act 2011 and the effect it has on investments in Australia owned or controlled by the Claimant. The Tribunal refers to its previous Procedural Orders for a description of the background of the present dispute.
Following the constitution of the Tribunal, on 22 May 2012, the Tribunal provided the Parties with a draft of a procedural order setting out the basic framework for the present proceedings. Taking comments received from the Parties into account, the Tribunal issued Procedural Order No. 1 on 7 June 2012.
By letter dated 7 June 2012, the Tribunal provided the Parties with a draft Annotated Agenda for a First Procedural Meeting with the Parties. The Parties were invited to submit comments on the Agenda by 25 June 2012.
By letter dated 25 June 2012, the Claimant informed the Tribunal that “[d]iscussions between the Parties are ongoing, and each of the Parties anticipates being in a position to inform the Tribunal on 27 June 2012 of the areas in relation to which they have reached agreement and those areas of difference that may require resolution by the Tribunal”.