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Arbitration

Eli Lilly v. Canada: Investor-State Arbitration Is an Open Gate for the “Patent Trolls”

Eli Lilly v. Canada: Investor-State Arbitration Is an Open Gate for the “Patent Trolls”

In 2017, Canada won the dispute against the US-based pharmaceutical company Eli Lilly in investor-state arbitration (ISA). Foreign investors can sue sovereign governments in ISA in case of mistreatment, such as, for example, expropriation, a violation of fair and equitable treatment and discrimination.  To succeed in its claim, the investor should show that the state […]