Valuing Pharmaceutical Innovation in Arbitration

Presentation

In life sciences disputes, the most difficult question is often not whether a breach occurred, but how to value its consequences. How should tribunals assess innovation that is still under development, subject to scientific uncertainty, regulatory risk and significant future contingencies? This panel will examine the valuation of innovation in international arbitration, with a particular focus on disputes arising from failed collaborations, terminated licences, milestone disagreements and lost royalty claims.

Bringing together leading valuation experts from FTI Consulting, an investor perspective from Sofinnova Partners, and legal insights from Bird & Bird, the discussion will explore how arbitral tribunals approach damages in this innovation-driven sector. The speakers will address the assessment of regulatory risk, probability of success and time-to-market assumptions, as well as the interaction between financial models, legal principles and evidentiary standards. The panel will also offer forward-looking insights on drafting strategies and risk allocation mechanisms that can help mitigate valuation disputes at the contract stage.

This event will be of particular interest to arbitration practitioners, in-house counsel, investors and experts involved in cross-border life sciences collaborations and high-stakes disputes in the sector.