INDUSTRY EXAMPLE
PHARMACEUTICALS AND HEALTHCARE

Eli Lilly and Co. v. Canada (Final Award), ICSID Case No. UNCT/14/2, 16 March 2017

Proceedings were conducted under the UNCITRAL Arbitration Rules and administered by the ICSID. The dispute concerned Canada’s (Respondent) invalidation of certain pharmaceutical patents held by Eli Lilly and Company and its subsidiary (Claimants, USA and Canada). On the merits, the tribunal held that Claimants had failed to establish the factual predicate for its claims and ordered them to pay all costs of arbitration, as well as 75% of Canada’s costs of legal representation.