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