Key takeaways from this Pharma forum 2021 session include:
-The intellectual property and regulatory aspects of life sciences commercial disputes favour a mix of skills in your legal team. Ideally, you should recruit arbitration process and strategy experts who draw upon scientific and other industry knowledge to provide a holistic solution.
-Life sciences contract disputes are particularly well suited to arbitration due to its confidentiality, the ability to choose subject matter experts as arbitrators, and its procedural flexibility
-It is always advisable, particularly as the claimant, to front load your evidence gathering for an arbitration. There are some important tactical considerations around how much of your case you reveal early on but knowing the evidence universe allows you to make these decisions.
-Choosing your arbitrator in a life sciences dispute is critical; the governing law, subject experts, and balancing styles/personalities among a tribunal of three all need carefully considered.