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.
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...