Introduction

In blog posts discussing the March 2017 Eli Lilly award, leading investor-State critics and academics emotively labeled it "extremely dangerous for the public interest," and "astonishing and arguably outrageous." Indeed, one critic memorably characterized that tribunal's key holding that "judicial conduct characterized other than as a denial of justice may engage a respondent's obligations under NAFTA Article 1105" as: "saying that an investor can attack decisions of a country's judiciary about the meaning of its own law even in the absence of denial of justice-thus allowing the ...