Following an initial stage in which liability was determined, CRA was retained by a pharmaceutical manufacturer claimant to assess damages for breach of a global co-marketing and co-development agreement in a ZCC arbitration. The product in question was on the cusp of commercialization, launched in some global markets and in the final approval stages in others. CRA constructed a global launch and market share model that aggregated damages across all countries covered by the breached agreement, then converted the forgone sales into lost profit opportunities for the claimant. CRA’s testimony at the hearing was commended for grounding the analysis in deep industry context and was identified as a significant contributor to the arbitrators’ ruling.
Damages in Life Sciences Arbitration
In this chapter published in The Guide to Damages in International Arbitration, Gregory Bell, Andrew Tepperman, and Justin Ho provide a brief overview of...