ICC Arbitral Tribunal Rules in Favor of AOP Health in Arbitration Proceedings Pertaining to BESREMi® (Ropeginterferon alfa-2b)
Today, a tribunal under the auspices of the International Chamber of Commerce (ICC) served a partial final award in a dispute between PharmaEssentia Corp. (“PharmaEssentia”) and AOP Orphan Pharmaceuticals GmbH (“AOP Health”) in AOP Health’s favor. At the heart of the case were reciprocal claims for damages arising from a dispute regarding a licensing agreement between the parties.
This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20250217280380/en/
Portrait: Dr. Rudolf Widmann | Member of the Board of Directors & Founder | AOP Health | Photocredit: AOP Health | Ospelt Photography
The product in dispute
The conflict centers around ropeginterferon alfa-2b, a substance launched in 2019 and that AOP Health has developed into an innovative treatment (BESREMi®) for rare blood cancers, particularly polycythemia vera, through a comprehensive clinical trial program. This makes BESREMi® the best investigated interferon in clinical trials in this indication as documented in the major relevant guidelines1. AOP Health had acquired the rights for both BESREMi®’s development and commercialization in the European, Commonwealth of Independent States (CIS), and Middle Eastern markets from PharmaEssentia in 2009. In its sixth year after its approval by European Medicines Agency (“EMA”), AOP Health has successfully made BESREMi® available to an estimated 9,000 patients in AOP Health’s licensed territory.
First arbitration and set-aside proceedings
Since 2017, PharmaEssentia repeatedly sought to terminate its agreement with AOP Health regarding BESREMi®. In October 2020, an ICC Arbitral Tribunal ruled these attempts unjustified. AOP Health was awarded approx. EUR 143 million in damages for project delays caused by PharmaEssentia, while the latter´s counterclaims were dismissed.
PharmaEssentia’s 2021 application to set aside the award was rejected by the Frankfurt Higher Regional Court. Upon its subsequent appeal to the German Federal Supreme Court, the agreement’s validity and the dismissal of PharmaEssentia 's counterclaims was upheld. The German Federal Supreme Court found procedural flaws with respect to damage quantification of the awarded approx. EUR 143 million, impacting the damages awarded.
Second arbitration
In November 2020, PharmaEssentia initiated a legal action against AOP Health, alleging damage claims. AOP Health in turn claimed damages for delays in BESREMi®’s European approval caused by PharmaEssentia, and the misuse of AOP Health’s clinical trial data for PharmaEssentia’s US marketing authorization.
Result: partial final award in favor of AOP Health
While the partial final award rules in favor of AOP Health regarding PEC's intentional breaches and liability for several claims, the tribunal’s decision on the quantum of those claims is yet to be made.
AOP Health welcomes this decision. It will continue to supply patients in need of ropeginterferon alfa-2b (BESREMi®).
Dr. Rudolf Widmann, one of the two founders of AOP Health, explains: “We are pleased that the ICC Arbitral Tribunal decided in our favor again. However, we still believe that an outcome benefiting the patients most can only be reached by finding a joint solution to not only overcome the past but also future challenges in our cooperation. We are willing to focus on the common objectives and not the differences.”
About BESREMi®
BESREMi® is the first interferon that was approved for polycythemia vera, a myeloproliferative neoplasm (MPN), indicated in the European Union as monotherapy in adults for treatment of polycythemia vera without symptomatic enlarged spleen. Its overall safety and efficacy were demonstrated in multiple clinical studies.
BESREMi® (ropeginterferon alfa-2b) is a long-acting, mono-pegylated proline interferon (ATC L03AB15). It is administered once every 2 weeks initially, or up to every 4 weeks after stabilization of blood values. BESREMi® is designed to be self-administered subcutaneously with a pre-filled pen.
For the EMA Summary of Product Characteristics please visit: BESREMi®
About AOP Health
AOP Health is a global healthcare group with roots in Austria, where the headquarters of AOP Orphan Pharmaceuticals GmbH ("AOP Health") is located. Since 1996, the AOP Health Group has been dedicated to developing innovative solutions to address unmet medical needs, particularly in the fields of rare diseases and intensive care medicine.
At the end of 2024, AOP Health received its first U.S. FDA approval for Rapiblyk™, a medication aimed at patients in intensive care units, thereby further strengthening its commitment to making therapies available for patients worldwide. The AOP Health Group has established itself internationally as a pioneer in integrated therapy solutions and operates worldwide through subsidiaries, representations, and a strong network of partners.
With the claim "Needs. Science. Trust." the AOP Health Group emphasizes its commitment to research and development, as well as the importance of building relationships with physicians and patient advocacy groups to ensure that the needs of these stakeholders are reflected in all aspects of the AOP Health Group’s actions.
___________________________ |
1 ELN Guideline (2022), NCCN Guideline (2024), Onkopedia Leitlinie (2023) |
View source version on businesswire.com: https://www.businesswire.com/news/home/20250217280380/en/

Subscribe to releases from Business Wire
Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.
Latest releases from Business Wire
Year-old European startup Maisa named alongside Google and Amazon in elite list of leading AI agent vendors in top global US research reports by Gartner3.7.2025 01:01:00 CEST | Press release
- First time a Spanish startup has made the list, thanks to its industry-first hallucination resistant ‘digital workers’ - AI startup is one of two European AI agent vendors in Gartner’s Hype Cycle report for Artificial Intelligence and Hype Cycle for the Future of Work lists Maisa, a rising star of enterprise AI, has been named by leading global research and advisory firm Gartner in its list of leading vendors for developing reliable AI agents. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20250702640749/en/ Maisa founders David Villalón and Manuel Romero Inclusion in Gartner’s 2025 Hype Cycle for AI and Hype Cycle for the Future of Work marks the first time a Spanish startup has been mentioned in these influential reports. The company, which is barely a year old and made its first raise of $5m+ from leading US investors last year, now finds itself named alongside global giants Amazon Web Services, Google, Salesforce and Lan
Hoffmann Green Announces a Historic Increase in Production Over the First Half of 2025, Already Outperforming the Annual Volumes Realized in 20242.7.2025 19:05:00 CEST | Press release
Record activity levels: +151% increase in production volumes in H1 2025 vs. H1 2024More than 130 construction sites supplied with more than 60,000 m³ of 0% clinker concrete delivered by 10,000 truck mixers across the countryAcceleration driven by a strengthened partnership network and the successful diversification of targeted marketsSolid outlook for the second half of 2025, in line with the strategic roadmap Hoffmann Green Cement Technologies (ISIN: FR0013451044, Ticker: ALHGR) (“Hoffmann Green Cement” or the “Company”), an industrial player committed to the decarbonation of the construction sector that designs and markets innovative clinker-free cements, today announces a strong acceleration of production over the first half of 2025, validating the relevance of its industrial and commercial business model. Production volumes reached 19,640 tonnes over the first half of 2025, compared with 7,833 tonnes in the first half of 2024, representing a 2.5-fold increase. This very strong leve
Institutional Real Estate, Inc. Announces Acquisition of U.K.-based Lyndon Publishing 2 Limited2.7.2025 18:44:00 CEST | Press release
Institutional Real Estate, Inc. (“IREI”) has completed its acquisition of the assets of London-based Lyndon Publishing 2 Ltd (“Lyndon Publishing”), which include The Property ChronicleandThe Green Chronicle.The former Lyndon Publishing 2 will now operate as a division of IREI. The Property Chronicle reaches a global audience of real estate investment professionals, researchers, and academics. Its sister publication, The Green Chronicle, is edited to address the interests and concerns of emerging young talent in these real estate professions. Both publications are produced as weekly news briefings filled with original content and contributed feature articles from industry thought and opinion leaders. In addition, The Property Chronicle is also published as a quarterly, illustrated full-color magazine available in both digital and print formats, while The Green Chronicleis published exclusively in digital format. Together, the two publications reach approximately 50,000 professionals acr
Sinopec Wins Technological Innovation Award at 2nd Sino-European Corporate ESG Best Practice Conference2.7.2025 18:21:00 CEST | Press release
China Petroleum & Chemical Corporation ("Sinopec", HKG: 0386) has won the "Best Scientific and Technological Innovation Practice" award at the 2nd Sino-European Corporate ESG Best Practice Conference (the "Conference") on June 26 in Stuttgart. Sinopec’s case submission of Breakthrough in Depth, Climb to New Heights — Empowering the Energy and Chemical Industry with Technological Innovation stood out among numerous entries. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20250702387465/en/ Wang Tao, Sinopec representative, delivered a speech at the conference. The Conference reviews and awards the best ESG application cases in six areas of environmental protection, social responsibility, corporate management, scientific and technological innovation, education, and training to further enhance mutual understanding between Chinese and European businesses, facilitate bilateral economic and trade exchanges, and showcase China’s open,
Xsolla Releases Their Q2 2025 The State of Play Report: Mobile Gaming Is Projected to Hit $126B in 2025 Amid Global App Boom With In-Depth Analysis of Trends, Genres, and Monetization Strategies2.7.2025 18:00:00 CEST | Press release
Key Topics Include In-App Purchase Trends, Genre Performance, Player Demographics, D2C Strategy Adoption, and Hybrid Monetization Models Xsolla, a leading global video game commerce company, proudly announces the release of the Q2 2025 Edition of “The Xsolla Report: The State of Play.” This detailed report provides crucial insights, trends, and opportunities shaping the gaming landscape, empowering industry professionals to adapt and thrive in today’s rapidly changing market. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20250702208715/en/ Graphic: Xsolla In 2024, global mobile app usage soared to an astonishing 4.2 trillion hours, an all-time high that powered a massive $150 billion consumer spending across mobile platforms. Mobile gaming is leading this charge, which accounted for more than half of that total. Despite a 6% dip in overall game downloads, falling to 49.6 billion, in-app purchase (IAP) revenue surged, indicati
In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.
Visit our pressroom