The DIS organised another of its traditional @DIS events at the ICCA Conference in Madrid, this time looking at the topic “A Good Cure? Arbitrating Life Science Disputes – German and International Perspectives”.
The breakfast event, which took place on 13 April 2026 at the CMS offices in Madrid, drew in an interested and active audience.
After a brief welcome by Torsten Lörcher (CMS Hasche Sigle, DIS Board Member), Secretary General Ramona Schardt gave a comprehensive introduction of the DIS’ statistics and experience in the life science and health sector.
A panel, consisting of Clea Bigelow-Nuttal (Greenberg Traurig), Katie Gonzalez (Cleary Gottlieb), Elena Gutierrez (EG Arbitration), Tim Robbins (Robbins Arbitration, The Hague/Hong Kong) and Carsten Wendler (Freshfields), then engaged in a lively discussion, addressing a wide array of topics such as issues related to R&D agreements, post-M&A disputes in the life science sector, and dealing with pharma start-ups. Moderated by Jennifer Bryant (Noerr, DIS Board Member), the panelists shared their diverse experience and views from the perspectives of counsel and arbitrators as well as civil law and common law practitioners, addressing, inter alia, the need for arbitrators and experts with specific experience with life science disputes, especially with regard to the valuation of products in different development stages, the assessment of whether agreed milestones have been reached, and the respective valuation of intangibles in a post-M&A context.
Another topic was dealing with information asymmetry and case management opportunities with respect to obtaining documents early in arbitration – even before actual pleadings. Also, the panelists discussed the drafting of arbitration agreements to cover specificities of life science disputes and their experience with provisional measures obtained through emergency arbitration and state court litigation.
Despite the early morning session, the audience participated in the lively debate and shared their experience and questions with the panel, turning the event into an inspiring start to the day!
Jennifer Bryant