This article explores the benefits of arbitration over litigation and provides practical pointers for trial lawyers who want to sharpen their advocacy skills in arbitration.download document… Read More
Where a party needs immediate legal relief, emergency arbitration can often provide it. I will first discuss the emergency arbitration process, particularly its historic roots and what the process constitutes in the context of… Read More
In-house attorneys tend to confront questions about arbitration at two discrete junctures: during the contract-ing process and at the onset of a dispute. A company is best served when its in-house counsel plays a… Read More
Last November, The New York Times ran three front-page articles and a follow-up editorial excoriating companies who force their customers and employees to waive their right to proceed in court and instead have their… Read More
Dire predictions have recently been made by commentators pondering the future of patent arbitration in light of the new U.S.Patent and Trademark Office (USPTO) post-grant trial proceedings (post-grant review (PGR) and inter partes review… Read More
There is a hole in our arbitral system. Despite being among the most efficient and prevalent means of resolving commercial disputes, and one generally favored by courts,3 arbitration is dangerously susceptible to the problem… Read More
A client has just asked you to represent it in the arbitration of a contract dispute. The case looks pretty much like others you have taken to bench or jury trial victories. You think… Read More
Arbitration is a field of study worthy of Hermann Rorschach. Parties who bring to it a preference for the formality and forensic opportunities of litigation see arbitration as the Wild West. Others, who prefer… Read More
The World Intellectual Property Organization (WIPO), based in Geneva, Switzerland, a self-funded agency of the United Nations, acts as a global forum for intellectual property services, policy, information and cooperation. The WIPO Arbitration and… Read More
Often, a disputant needs immediate relief. This happens when a counter-disputant, anticipating the commencement of legal action against it, unilaterally attempts to suddenly change the status quo to the detriment of his adversary. The… Read More
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