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.
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...