Intellectual property (IP) cases, like most commercial disputes, start out in court but are usually resolved before trial. Given the high cost and protracted nature of IP battles, arbitration and mediation should be seriously considered as options to take control of a dispute when it arises. This article focuses on the key factors to evaluate when deciding whether to arbitrate or mediate an IP dispute. One way parties enter into arbitration is to put an ADR clause providing for arbitration in the transaction documents, such as a patent royalty license. At the onset of the arbitration, the arbitrator schedules a pre-hearing conference at which the arbitration schedule, discovery, and other procedural matters are discussed and decided by the parties and the arbitrator. Given the high cost...
... IBA guidelines on drafting arbitration clauses. . > Legal update . Hong Kong's new arbitration or... seeking to provide for negotiation, mediation or some other form of ADR as a preliminary step be...
The trial court properly overruled the appellant’s motion to stay this action pending arbitration under the terms of an Associate Agreement between the parties. The appellant failed to demonstrate that the claims raised in the appellee’s complaint are referable to arbitration under the narrow arbitration clause in the Associate Agreement. The trial court also properly declined to address the mediation and arbitration provision in an Employment Agreement between the parties. The appellant’s motion to stay this action pending arbitration was based solely on the Associate Agreement. Judgment affirmed.
Mediation is said to be widely accepted by attorneys who counsel companies that engage in international commerce and the outside counsel they retain to represent them in connection with disputes. This article discusses a new clause developed by the International Centre for Dispute Resolution (ICDR) that makes it possible for parties to agree to mediate disputes at the same time that they agree to arbitrate. To remove some of the impediments to reaching an agreement to mediate, the ICDR developed the "concurrent arbitration/mediation clause." This clause provides for mediation to "start" automatically after the demand for arbitration is filed. The concurrent clause gives the parties enormous flexibility. The ICDR also prepared an alternative version of the Mediation/Arbitration Concurren...
... contracts have mandatory arbitration clauses, and so millions of consumers and employees are le... the nation in encouraging the use of mediation for employment disputes. Let me tell you what I've...
... jurisdiction from contractual arbitration clauses, negotiated at arm's length between the contractin... CHAMBERS' COURT OF ARBITRATION AND MEDIATION, SWISS RULES OF INTERNATIONAL ARBITRATION, art. 21...
The Russian Federal Law on Mediation entered into force on 1 January 2011, and the firs... before or during litigation and arbitration proceedings. In the latter case, the court may and... the reasons to nullify the mediation clauses actually exist. Furthermore, either party may with...
... be refused where there is no valid arbitration agreement Springwell : Bank not liable for represe... evidence may not breach an arbitration clause Lord Justice Jackson: Review of Civil Litigation C... Jivraj: Supreme Court decision EU Mediation Directive comes into force PPI Complaints: Bank's ...
... ADR providers, Judicial Arbitration and Mediation Services (JAMS), and required the arbitrator to fo...
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