In the context of an investor-state proceeding under UNCITRAL rules, CRA provided a valuation of the local operations in Latin America of a multinational pharmaceutical company. CRA assessed the going-concern value of the company, inclusive of working capital, based on a forecast of product sales prepared prior to the threatened expropriation. The valuation took into account the expected performance of the company’s portfolio of top-selling products for a period of time beyond the company’s projections, basing future sales on sales growth rates observed for other products over the lifecycle. CRA discounted cash flows at a rate inclusive of a country risk premium, and included a quantification of prejudgment interest and costs incurred by the company in addressing the threatened expropriation.
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...



