CRA was retained by respondent to provide expert reports and testimony in an ICC arbitration regarding the use of commercially reasonable efforts following the purchase of a medical device technology. CRA analyzed the development and commercialization decisions made by the respondent in the context of an evolving market for the device at issue. CRA also analyzed the damages claim put forth by claimant, showing that the damages claim was not related to asserted failures in respondent’s conduct of commercially reasonable efforts.
Looking ahead to 2026: Trends and expectations for International Arbitration
Across both investor-state and commercial cases, quantum debates have recently turned on attribution under concurrent shocks, the interaction of contract terms...