Philip Morris International sent a letter to the government of Togo. It outlined how plain packaging would violate binding global and regional agreements. Togo was in no position to anger its international partners, it suggested.
Schindler filed a notice of intent for arbitration on July 11. Under the ISD procedure, if the issue is not resolved through settlement in 90 days, the investor can take the case to the international tribunal.
Those with the means to become international wheeler-dealers can access ISDS. The rest of us have to rely on public courts—the same ones that investors say are “inadequate” to handle their needs. That’s not fair, and that’s not right.