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.
Investment treaty disputes in the life sciences industry
In its global scale and economic impact, the life sciences industry presents unique considerations for investment treaty arbitrations. Recently, the COVID-19...