The NAFTA arbitration tribunal in the Eli Lilly ‘promise doctrine’ proceeding has issued a ruling. Reports are that the tribunal has decided in favour of Canada on the merits.
Currently the decision has not yet been publicly released. Please let me know if there is a public version that can be shared.
You heard it here first: Canada just prevailed in the Eli Lilly NAFTA arbitration … https://t.co/iZhoIbcc5i
— Luke Eric Peterson (@IAReporter) 17 March 2017
The proceeding was brought by Eli Lilly under Chapter 11 of NAFTA claiming damages arising from patents that were invalidated by the Canadian courts. Please see my earlier posts for details of the proceedings and the materials filed by the court:
- Eli Lilly files Notice of Arbitration
- Canada’s defence
- Eli Lilly’s memorial
- Counter memorial
- Reply submissions
- Rejoinder evidence
- Amicus Curiae filings
Follow me on twitter for updates and a copy of the decision when available: @amacek.