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), Decision on Jurisdiction (July 2, 2013)
1. FTR Holding S.A. (“FTR”), Philip Morris Products S.A. (“PMP”) and Abal Hermanos S.A. (“Abal”), together with FTR, PMP, “Philip Morris” (or “the Claimants”), filed a Request for Arbitration on 19 February 2010 (the “RFA”) to institute arbitration proceedings against the Oriental Republic of Uruguay (“Uruguay” or “the Respondent”). The proceedings were initiated in accordance with Article 36 of the Convention on Settlement of Investment Disputes between States and Nationals of Other States dated 18 March 1965 (the “ICSID Convention”) and Article 10 of (including Ad Article 10 of the Protocol to) the Agreement between the Swiss Confederation and the Oriental Republic of Uruguay on the Reciprocal Promotion and Protection of Investments dated 7 October 1988 (the “Switzerland-Uruguay BIT” or “the BIT”). The BIT entered into force on 22 April 1991, as provided by its Article 12.
2. FTR and PMP are sociétés anonymes organized under the laws of Switzerland, with registered office in Neuchâtel, Switzerland. FTR was incorporated on 14 December 1924 and registered in the Commercial Register of Neuchâtel on 15 January 1943. PMP was incorporated on 22 December 1988 and registered in the Commercial Register of Neuchâtel on the same date. Abal is a sociedad anónima organized under the laws of Uruguay and has its registered office in Montevideo, Uruguay. FTR was the direct owner of 100% of Abal. By letter of 5 October 2010 the Claimants informed the Centre that Philip Morris Brands Sàrl replaced FTR Holding S.A. as one of the Claimants in this case and requested that the caption of the case be amended accordingly. Philip Morris Brands Sàrl (“PMB”) is a Société à responsibilité limitée organized under the laws of Switzerland, with registered office in Neuchâtel, Switzerland. PMB is now the direct owner of 100% of Abal.