This concluded the arbitration in Australia's favour, subject to finalisation of the costs claim. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. This was the first investor-state dispute brought against Australia. The government announced its decision to proceed with plain packaging legislation in April The tribunal bifurcated the proceedings and on 18 December issued a unanimous decision agreeing with Australia's position that the tribunal had no jurisdiction to hear the claim. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire. Investment Treaties Violation A claim of infringement on investment expectations as protected by international investment treaties. Ultra Vires Regulation Subsequent regulations exceed the scope of the originating law.
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