[kirrent]

I certainly think the concerns were misplaced, but wasn't the Phillip Morris case dismissed because they were found to have a lack of standing, having reincorporated in Hong Kong specifically to make use of the ISDS provision? While I can't see how the tobacco companies could prevail in any case, history has yet to furnish us with a proper example.

[tomcorrigan]

You are correct about the HK case. However there weren't many observers who though Phillip Morris stood a chance. The lawsuit was much more about signalling to other countries considering plain packaging than actually overturning the laws in Australia. There is still a pending WTO arbitration which is also expected to be decided in Australia's favour.

See also the outcome of Phillip Morris v Uruguay