We were retained by counsel to a brand name pharmaceutical manufacturer, one of the largest manufacturers in the world. This dispute was brought by a distributor who claimed that the company failed to supply a particular pharmaceutical product for an extended period of time, contrary to its obligations pursuant to a supply agreement between the parties.
Our mandate was to quantify the financial loss to the distributor in the event that the arbitrator found that the brand name manufacturer had breached the supply agreement.
Our analysis involved assessing market projections for the products, the cost to manufacture, market and distribute the product, the opportunities for mitigation and the manufacturing capacity at the facility. The analysis included an assessment of past losses and future losses. The judgement is confidential.