Philip Morris Asia Limited v. Commonwealth of Australia

Abstract

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Presumption that “unsuccessful party” bears costs and expenses of arbitration — Whether a party prevailing on some issues but whose claims are declared inadmissible is an “unsuccessful party”

Arbitration — Costs — Whether a party should bear the cost to defend against a claim declared to be an abuse of right

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 42(1) — Whether apportioning costs between the parties is reasonable when each party prevails on some issues in a dispute

Arbitration — Costs — 2010 United Nations Commission on International Trade Law Rules on Arbitration, Article 40(2) — Whether costs incurred by outside counsel and government lawyers are reasonable under the circumstances of a dispute