CRA provided expert reports and hearing testimony on behalf of the respondent in an arbitration arising from an alleged breach of a supply agreement related to diagnostics. The claimant alleged damages relating to completion of a construction agreement and the costs associated with 60 years of alternate sourcing of requirements. CRA’s assessment included an evaluation of global demand factors (including changes in technologies) and global supply alternatives (including an assessment of related multinational policy initiatives) to demonstrate that claimant’s potential revenue would significantly and irreparably erode within five years, leading to minimal damages.
Looking ahead to 2026: Trends and expectations for International Arbitration
Across both investor-state and commercial cases, quantum debates have recently turned on attribution under concurrent shocks, the interaction of contract terms...