William Lowery was quoted in a Law360 article about emerging trends in international arbitration, including a notable rise in life sciences–related disputes in China driven by increased cross border collaboration and complex regulatory considerations.
Whether it was a product developed outside China being brought into the Chinese market or a Chinese pharmaceutical innovation being licensed outside the country, companies inked numerous licensing agreements, according to William. "China has long been an emerging market," he said.
As with any industry, with more contracts comes the possibility of more disputes. And that's been the case in China for the past year or so, William said.
While this trend is part of a broader one involving the increasing use of arbitration in the life sciences sector, what makes this particular disputes boom unique is the Chinese regulatory process, William said.
"What's different here is that I think a lot of the confusion and a lot of the wiggle room in these agreements — where there's room for negotiation — relates to what exactly are the regulatory standards or processes in the Chinese market," he added. "I think that's what makes this somewhat unique, is you have these foreign players who are looking at a Chinese regulatory process and saying, 'Well, it was supposed to operate this way.' And maybe Chinese companies are saying, 'Well, no, actually, it was supposed to operate this way.'"
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