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Sub practice
Sub practice

TMT and Life Sciences Arbitration

Disputes in the TMT and life sciences sectors are increasingly resolved using international arbitration.

Allen & Overy’s specialist Arbitration team has significant experience in these sectors, with an in-depth understanding of the scientific and technological aspects of these cases. We represent corporates, investors and State players and handle a range of cases, including complex intellectual property disputes. 

TMT and life sciences arbitration is often accompanied by proceedings before national courts, including applications for anti-suit injunctions. We regularly handle concurrent court proceedings and work seamlessly with our litigation colleagues around the world, including contentious intellectual property specialists.

Our International Arbitration and IP practices work seamlessly together on disputes involving the use or misuse of intellectual property, including patents and key licences, and collaborate with Competition experts where market dominance is an issue. We unite on highly technical areas such as FRAND terms and have a dedicated team of scientists, based in our Legal Services Centre, who assist with technical and scientific issues.

Where disputes are with State bodies, TMT and life sciences companies may be able to take advantage of investment treaty protections, in which A&O’s market-leading practice has an enviable track record of success.

Examples of our experience include advising:

  • A global pharmaceutical and life sciences company in a London insurance coverage arbitration against a major insurer for reimbursement of various U.S. product liability claims under the Bermuda Form Policy. Our client recovered full policy limits (and costs and interest) exceeding USD400 million.
  • One of the world’s largest manufacturing companies on a complex IP dispute relating to the termination of a key technology licence (technology relating to aspects of energy supply).
  • The Republic of Poland in defending an investment treaty arbitration in the pharmaceutical sector, brought under the UNCITRAL Rules alleging the expropriation of numerous intellectual property rights. The tribunal dismissed the vast majority of claims and awarded the investors just a small fraction (less than 2%) of the amount claimed, and left them to bear their own costs.
  • A leading mobile telecommunications provider in an LCIA arbitration arising out of an extensive suite of complex agreements relating to a long-running joint venture between our client and its local partner in West Africa.
  • Millicom International Cellular S.A. and its Senegalese subsidiary against the Republic of Senegal, in an investment treaty arbitration at ICSID relating to the legality of Millicom's operations in Senegal. The case went to a final hearing and also involved related litigation in Senegal. We negotiated, under very tight time constraints, a settlement with Senegal that put an end to more than 12 years of disputes in Senegal and the ICSID arbitration, allowing Millicom to continue its business. 

News and insights

Senior Male Research Scientist is Using a Tablet Computer in a Modern High-Tech Laboratory. Genetics and Pharmaceutical Studies and Researches.

Blog Post: 25 October 2022

Arbitration in Life Sciences Disputes: a View from New York

Life science companies are increasingly turning to international arbitration as a preferred dispute-resolution mechanism due to its confidentiality, comparative cost-effectiveness, and nearly…

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Publications: 15 September 2022

The Supreme Court of Thailand issues judgement endorsing the use of SIAC Expedited Procedure

The Supreme Court of Thailand has burnished its pro-arbitration credentials in a recent decision that recognises the primacy of the SIAC Expedited Procedure and promotes certainty for parties involved…

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Windows reflecting the sky

Publications: 12 July 2022

No anti-suit injunction available against a state

In the absence of consent by the state, a party will not be able to obtain an anti-suit injunction against a state (nor any other injunction or order for specific performance). Venezuela was entitled…

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Publications: 11 July 2022

A panel of the U.S. Eleventh Circuit Court of Appeals asks the Court en banc to overturn Industrial Risk and INPROSTA

Most arbitration practitioners take for granted the bifurcated post-award framework for international arbitrations. As a general matter, an arbitral award (i) can be set aside at the arbitral seat…

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Awards

  1. Band 1, Dispute Resolution, Global: Multi-Jurisdictional, Chambers Global 2022
  2. International Arbitration Firm of the Year, Benchmark Litigation Asia-Pacific Awards 2020
  3. Leading firm (top tier) ranking in the “Leaders League” table for International Arbitration (Spain) 2022

 

 

Recognition

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