Commercial disputes under international arbitration between multinational firms often require assessing the impact of commercial strategy, planning and execution. In the biopharmaceutical industry, these disputes often center on failed co-development, co-marketing, and co-promotion agreements, typically as a result of one party asserting that the other has not performed according to the agreement. In this article, we outline how the building blocks of market intelligence can be used to assist in the evaluation of such claims.
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...