Philip Morris’ lawyer dismisses ISDS concerns as ‘hysteria’

10 October 2016: At the recent Parliamentary inquiry hearings into the TPP, lawyer for Philip Morris Sam Luttrell told the committee that there was “hysteria" around the Phillip Morris case over plain packaging laws in Australia.

When questioned by Labor backbencher Josh Wilson about regulatory chill - where governments refrain from introducing regulation out of fear that a costly ISDS case could be brought against them, Luttrell admitted that it has occurred, adding “regulations often deserve to be chilled”.

Josh Wilson told The Guardian

“Some believe that foreign companies should be able to influence domestic policy and that so-called regulatory chill is not a bad thing.

“I absolutely disagree, and even the proponents of [ISDS] appearing before the committee have tended to accept there’s no value in or need for [ISDS] provisions between us and countries like the US, Japan, and Canada.”

“In my view [ISDS] represents an unconscionable risk and at the very least should be excluded between Australia and the US, Japan, and Canada, just as we have already excluded it between Australia and New Zealand.”