The tribunal considered that the main and determinative reason for the 2011 restructuring was in order for the tobacco giant to bring a legal claim under the BIT Treaty, using a Hong Kong-based entity.
“Despite the losses and defeats, tobacco companies will keep coming back for more. They will fight on regardless in order to delay and disrupt the rollout of the World Health Organization’s best-practice tobacco control measures,”
The COVID-19 pandemic has led States to adopt various public health measures that adversely affect foreign investors and exacerbate broader economic issues. In this climate, there is significant potential for disputes under the ECT.
El 13 de mayo de 2020, la Secretaría del CIADI registró la presentación del arbitraje de la holandesa SMM Cerro Verde BV contra Perú invocando el Tratado Bilateral de Inversiones Países Bajos-Perú (1994).