In JAMS arbitration, CRA was retained by the respondent in a dispute regarding the pricing of an in-licensed pharmaceutical. As the product at issue was expected to be used as both a monotherapy and as part of a combination regimen, CRA’s expert report included consideration of pricing and marketing of combination therapy components based on forecasts and analog therapies, as well as reimbursement considerations for the potential uses of the product. Also included was an assessment of the claimant’s proposed damages, including a demonstration of the sales and reimbursement difficulties that made the damages claim unsound considering industry norms.
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...