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Practical Tech Tips and Tools for Domestic and International Arbitrators from the ICC Commission Report on Leveraging Technology
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Trademark, Copyright, and Trade Secret Disputes
There are a wide variety of intellectual property disputes. This article focuses exclusively on trademark, copyright and trade secret disputes (“TCT disputes”), leaving patent disputes for another white paper. The parties’ desire for confidentiality of their sensitive business information, the frequency of ongoing business relationships between them, and the existence of international parties make arbitration an advantageous dispute resolution process for trademark, copyright and trade …
Energy, Electric Power Generating and Renewable Industries Disputes
Arbitration has been an important, but limited tool for alternative dispute resolution for well over 50 years in the traditionally regulated United States electric industry, but its use has undergone a significant expansion with the monumental and unprecedented transformation over the last two decades of this critical business sector of our economy. With the restructuring of the industry into broad-ranging unregulated components, rapid internationalization, large-scale mergers and …
Patent Disputes
Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new PTO post-grant trial proceedings (post-grant review (PGR) and inter‑partes review (IPR)) implemented by the Leahy-Smith America Invents Act (AIA). 'Reports of my death have been greatly exaggerated.’ So it is with patent arbitration. Contrary to those views, patent arbitration is still very much alive, widely used and, where employed in appropriate situations and …
International Disputes
International commercial arbitration is chosen by most businesses in virtually all industries for resolution of their cross-border disputes. A neutral forum and flexible process leading to an award enforceable almost everywhere are advantages that litigation does not offer. International commercial arbitration is chosen by most businesses in virtually all industries for resolution of cross-border disputes. However, international arbitration – like international business itself – presents …
The Sting in the Tail: Awarding Attorneys’ Fees, Costs and Interest (Pre and Post Award) in International Arbitration
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Appeals Court Swats Party Who Cheated in Arbitration
A CCA Blog: The Aardvark* It has been a while since you heard from me, but a recent case caught my attention. In Nuvasive, Inc. v. Absolute Medical, LLC, No.22-10214, the 11th Circuit affirmed a district court’s decision to overturn an arbitration award more than three months after the statutory deadline to challenge the award. It turned out that one of the respondents was coaching the witness who was testifying by video conference, by …
SCOTUS Requires Stay of Proceedings Pending Interlocutory Appeals of Orders Denying Arbitration
Section 16(a) of the Federal Arbitration Act (“FAA”) authorizes an interlocutory appeal from a federal district court order denying a motion to compel arbitration. On Friday, June 23, 2023, a sharply-divided U.S. Supreme Court ruled in Coinbase, Inc. v. Abraham Bielski (No. 22–105) that if such an interlocutory appeal is filed, the order denying the motion to compel arbitration must be stayed pending the outcome of the appeal. The practical effect of the ruling in Coinbase is that a party’s …
CCA Associates Mentorship Program – Class of 2023
Meet the 2023 CCA Associates Rachel A. Gupta (Gupta Dispute Resolutions LLC) – Rachel is the founder and principal of Gupta Dispute Resolutions LLC, based in New York City. She is a former commercial litigator and in-house counsel, and is now a full-time independent arbitrator and mediator. She has significant experience in complex commercial matters, including structured finance, public finance, securities, insurance, real estate, and financial transactions. She is currently an …