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 (formerly FTR Holding SA, Philip Morris Products S.A. and Abal Hermanos S.A. v. Oriental Republic of Uruguay), Expert Opinion of Todd Weiler (July 28, 2010)
You have asked me1 to analyze two types of tobacco industry response to the implementation and enforcement of tobacco control measures: (1) compensation claims made under investment protection and promotion treaties; and (2) challenges brought under international trade agreements. To provide context for this analysis, my work will focus upon recent and ongoing disputes.
This first report addresses damages claims under investment treaties, analyzing a recently announced claim made by three subsidiaries of USA-based Altria Group, Inc., formerly Philip Morris Companies Inc., against the Government of Uruguay2 under the Accord entre la Confédération suisse et la République orientale de l’Uruguay concernant la promotion et la protection réciproques des investissements (herein referred to as the Switzerland – Uruguay Bilateral Investment Treaty (“BIT”)).3