Eli Lilly v. Government of Canada: the tale of promise v. expectation

Pratyush Nath Upreti

Eli Lilly v. Government of Canada: the tale of promise v. expectation

School of Law

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Abstract

Examines the UNCITRAL award in Eli Lilly & Co v Canada on whether denial of justice was the only ground on which a judicial ruling could be imputed as an act of expropriation or a breach of the fair and equal treatment standard of the North American Free Trade Agreement 1992. Considers whether Canada's patent utility rules had changed so significantly, and were now so arbitrary, that they were contrary to the applicant's legitimate expectation.

Cases cited
Eli Lilly & Co v Canada unreported 16 March 2017 (Arbitration)

Legislation cited
North American Free Trade Agreement 1992Ch.11, art.1105, art.1110

Original language	English
Pages (from-to)	84-89
Journal	International Arbitration Law Review
Volume	21
Issue number	3
Publication status	Published - 01 Jun 2018

Cite this

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title = "Eli Lilly v. Government of Canada: the tale of promise v. expectation",

abstract = "Examines the UNCITRAL award in Eli Lilly & Co v Canada on whether denial of justice was the only ground on which a judicial ruling could be imputed as an act of expropriation or a breach of the fair and equal treatment standard of the North American Free Trade Agreement 1992. Considers whether Canada's patent utility rules had changed so significantly, and were now so arbitrary, that they were contrary to the applicant's legitimate expectation.Cases citedEli Lilly & Co v Canada unreported 16 March 2017 (Arbitration)Legislation citedNorth American Free Trade Agreement 1992Ch.11, art.1105, art.1110",

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AB - Examines the UNCITRAL award in Eli Lilly & Co v Canada on whether denial of justice was the only ground on which a judicial ruling could be imputed as an act of expropriation or a breach of the fair and equal treatment standard of the North American Free Trade Agreement 1992. Considers whether Canada's patent utility rules had changed so significantly, and were now so arbitrary, that they were contrary to the applicant's legitimate expectation.Cases citedEli Lilly & Co v Canada unreported 16 March 2017 (Arbitration)Legislation citedNorth American Free Trade Agreement 1992Ch.11, art.1105, art.1110

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Eli Lilly v. Government of Canada: the tale of promise v. expectation

Abstract

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