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Showing posts from January, 2014

Bilateral Investment Treaties: Eli Lilly and Co. v Government of Canada

in "Bilateral Investment Treaties: Claiming Compensation from Foreign Governments under Bilateral Investment Treaties for failing to provide adequate IP Protection"27 July 2013 I mentioned a possible claim by the US company Eli Lilly & Co. against the Canadian government under Chapter II of the agreement between the US, Canadian and Mexican governments establishing the North America Free Trade Area ("NAFTA") for compensation for the invalidation of its Canadian patents by the courts of Canada. Eli Lilly claims that the invalidation of those patents is tantamount to expropriation which is contrary to art 1110 (1) of NAFTA.

Lawyers acting for Eli Lilly have now filed a notice of arbitration demanding that their claim be referred to arbitration under art 3 of the UNCITRAL Arbitration Rules before a tribunal consisting of three arbitrators, one appointed by each of the parties and the third presiding member to be appointed by agreement of the appointing parties wit…