CRA provided expert reports and hearing testimony in an ICC arbitration between Japanese affiliates of multinational pharmaceutical companies. The case concerned breach of an agreement to co-promote a pharmaceutical product in Japan. In support of the respondent’s counterclaim, CRA assessed whether the claimant exercised commercially reasonable efforts in its promotional activities, as measured by a wide range of market data. Additionally, CRA quantified counterclaim damages, developing a damages model linking improved promotional performance by the claimant, according to observable metrics, with increased sales and profits for the pharmaceutical product at issue.
Damages in Life Sciences Arbitration
In this chapter published in The Guide to Damages in International Arbitration, Gregory Bell, Andrew Tepperman, and Justin Ho provide a brief overview of...