The Cross-border Dispute Resolution Group at DeHeng's Beijing Headquarter Office recently represents a large pharmaceutical R&D and manufacturing company in successfully resolving a product liability claim related to the pharmaceutical supply chain from a western European country.

With 28 months of great efforts, DeHeng Team led the entire product liability defense and negotiation process. Client is very satisfied with the final result: not only the dispute be resolved with a very small amount, which directly avoided the occurrence of expensive litigation procedures and unpredictable adjudication results abroad, but more importantly, through the fact findings and defense work of DeHeng Team, the root cause of the relevant case was clarified, the liability differences between the parties were well-controlled, the quality reputation of the supplied materials was saved, the goodwill of Chinese enterprises in the European market was effectively maintained, and the benign and sustainable operation was achieved in the field of European pharmaceutical supply chain.

The case was originally raised a few years ago in a controversial and sudden action by European regulators, whose recall decision led to the forced removal and recall of related products by a number of pharmaceutical companies around the world. As a result, the relevant parties in the pharmaceutical supply chain of a western European country filed a high claim against DeHeng’s client and threatened to trigger corresponding litigation procedures, and the negotiation situation was initially not favorable to DeHeng's client.

After engagement with client, DeHeng quickly formed a team led by Mr. Chen Wei, managing partner of the Cross-border Department, and co-organized by a number of professional lawyers. DeHeng lawyers worked to reach an in-depth understanding of the case, analyzed the drug principles and chemical reaction process, studied the EU pharmaceutical regulatory policies, distinguished the relevant interests and liabilities in the multinational product supply chain, and carried out the case facts restoration and clarification from multiple important perspectives such as the commercial agreement and responsibility of the supply contract, the relationship between animal testing and the human drug involved in the case, and the predictability of the industry's technical level.

The case lasted for more than two years from engagement to its final resolution, and DeHeng Team fully led the dispute resolution of the case, formulated a precise and pragmatic dispute resolution through full and prudent evidence analysis, and conducted several rounds of long-term negotiations with the team of top European law firms hired by the claimant. The comprehensive persuasiveness generated by the superposition of each argument factor made the claimant and its legal team never gain the upper hand, and finally achieved a smooth resolution of the case.

The client highly appreciated the professional ability and superb dispute resolution skills of DeHeng lawyers to protect the international reputation of the client's products. This case also provides useful experience and confidence for the client to continue to enter the pharmaceutical market in other countries and regions around the world.

Contact relevant lawyers : 

Wei (David) CHEN       
+86 10 5268 2888

+86 10 5268 2596