CRA provided expert reports and hearing testimony on behalf of the respondent in an ICC arbitration arising out of a license agreement to develop and commercialize a pharmaceutical in a set of countries. The claimant alleged damages based on a projection of sales linked to the market shares obtained by the product in other countries that allegedly represented a benchmark for adequate performance. CRA demonstrated that market circumstances in those benchmark countries were materially different from those in the countries at issue and, accordingly, performance in those benchmark countries was uninformative with respect to damages. CRA’s opinion also addressed recent product launches that would have impaired the market opportunity for the product at issue, further limiting damages.
2023 International Arbitration review: Updates and trends
2023 marked a significant surge in activity across diverse sectors such as mining, oil & gas, the energy transition, pharma, and merger disputes. Throughout...