ICSID case UNCT/14/2 (Award)
ICSID · Investment (ICSID and treaty) · International (investor-state)
Why it matters
Eli Lilly and Company v. Government of Canada, an investment arbitration administered by ICSID under the UNCITRAL Rules, one of the most cited investor-state cases, in which a pharmaceutical company challenged Canadian patent law under NAFTA Chapter 11. This document is the award in that case. For a student, it is a worked example of investor-state dispute settlement under a free trade agreement: how a tribunal weighs a state's regulatory measures against the investment protections owed to a foreign investor.
Summary
Eli Lilly and Company v. Government of Canada: the award in an UNCITRAL arbitration administered by ICSID. One of the most cited investor-state cases, in which a pharmaceutical company challenged Canadian patent law under NAFTA Chapter 11. The full reasoning is set out in the original.
The detail
Parties: Eli Lilly and Company v. Government of Canada
Case number: Case No. UNCT/14/2
Outcome: Award in case UNCT/14/2. See the original for the disposition and any quantum.
Applicable law: UNCITRAL Arbitration Rules; the applicable trade agreement; ICSID-administered.
Issues in play: A foreign investor's treaty protections against a sovereign state's right to regulate.
Read the full decision at ICSID case database ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.