PharmaEssentia (6446-TW) held a press conference today (8th) regarding the arbitration case with AOP, announcing that it received the second-phase arbitral award from the International Chamber of Commerce (ICC) yesterday (7th). After internal evaluation, the company stated that the award has no material impact on its financial condition or business operations.
PharmaEssentia noted that the ICC issued its first-phase arbitral award on February 17, 2025, addressing certain delays attributed to the company. In response, PharmaEssentia has legally filed for the annulment of this award, which is currently under review by the German Federal Supreme Court.
Regarding the second-phase award, PharmaEssentia explained that the arbitral tribunal ruled AOP must pay the company over €17 million in outstanding loans and royalties accrued from 2019 to the first half of 2023.
As for the dispute concerning PharmaEssentia’s 5-month delay in obtaining European marketing authorization and a 4.5-month supply delay, the tribunal awarded amounts of €31,319,250.27 and €34,561,864 respectively, after offsetting against AOP’s unpaid receivables and royalty obligations.
On the pricing dispute for drug procurement between 2019 and 2021, the tribunal ruled that PharmaEssentia must refund €31,601,477.50, with annual interest applied at the base rate of 5%, capped at a maximum of 6% per year.
PharmaEssentia reiterated that the current arbitral awards have no material impact on its business. Regarding next steps, the company stated it will consider filing an application to set aside the second-phase award.
Additionally, in response to AOP’s press release, PharmaEssentia clarified that AOP’s claims of PharmaEssentia owing hundreds of millions of euros or having €65 million in receivables are unilateral calculations and not based on the arbitral award. AOP’s allegation of a 900% overcharge pertains only to the calculation of purchase prices during the specific period of 2019–2021.
PharmaEssentia reminds stakeholders to refer exclusively to information disclosed on the public information observation station for updates on the arbitration case with AOP.
FACT BOX
- Source: PR Times
- Category: News
- Organizations: AOP