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 …
Industry Expertise
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 …
Aerospace Industry Disputes
According to Merriam Webster, the term “aerospace” first appeared in 1958, the year after the first satellite was launched into space and commercial jet transportation became mainstream with the introduction of Boeing 707 flights by Pan American World Airways. Today the aerospace industry may be defined as “the industry that deals with travel in and above the Earth’s atmosphere and with the production of vehicles used in such travel.” The worldwide aerospace industry, including both civilian …
Business Divorces
Business divorce concerns claims and disputes that typically arise in a privately held business with at least two owners, leading to termination of the disputants’ relationship. Such businesses may take the legal form of a closely held corporation, a partnership or a limited liability company, but generally function as partnerships. "The issues that can cause the business divorce and land the parties in arbitration are often grounded in the company’s formation. … [C]losely held businesses …
Real Estate Industry Disputes
Arbitration is an important tool to consider for resolution of real estate industry disputes, both on the residential and commercial sides. The reality of ongoing business relationships among the parties, the ability to choose an arbitrator experienced and knowledgeable in real estate matters, and the ability to streamline and customize the process to fit the particular issues involved all provide significant benefits to the disputing parties. The benefits of arbitration are particularly …
Private Investment Disputes
Disputes over private investment can arise with respect to a wide array of parties and transactions. Disputes can involve investment, management, exit or ancillary considerations. Private investment disputes can involve a small one-off investment by a high net worth investor or complex, syndicated transactions by large funds with significant investment portfolios over a long period. Arbitration is the preferred method for resolving private investment disputes because it allows for practical, …
Life Sciences / Biotech / Pharmaceutical / Medical Device Disputes
Arbitration of disputes in the life sciences/biotech/pharmaceutical/ medical device field is described, with a discussion of the possible advantages and drawbacks of arbitrating such disputes, identification of issues that may be of special interest when drafting an arbitration clause for the field, and examples of the use of arbitration in the field. Unique features of arbitration make it advantageous for resolving all types of disputes in the life sciences/biotech/pharmaceutical/medical …
Internal Trust Disputes
Although third-party disputes involving trusts have long been considered amenable to arbitration, there is growing interest in arbitration of internal trust disputes, meaning disputes involving the internal operation of the trust and involving the trustee(s) and beneficiaries. There is growing interest in arbitration of internal trust disputes Not only have several states recently adopted legislation explicitly permitting arbitration of internal trust disputes, but a number of state …