The Silicon Valley Arbitration & Mediation Center (SVAMC) has released its 2019 List of the World’s Leading Technology Neutrals (the “Tech List”). SVAMC promotes efficient and effective technology dispute resolution, including the use of arbitration and mediation to resolve business disputes. The Tech List named 54 professionals this year. For more information on SVAMC and the … Continue reading SVAMC announces 2019 Tech List
At one time, some courts didn’t think arbitration was the right way to resolve disputes. Arbitrators didn’t need to be lawyers, and they often didn’t approach things the way a court would. To those used to the way courts decide disputes, arbitrators’ way of deciding disputes could seem, well, arbitrary. And so, many courts were … Continue reading Ninth Circuit to Arbitrator: You can’t do that, even here in arbitration nation.
The article Harrie Samaras and I wrote for ABA’s Landslide Magazine is now available on line. It is based in part on my ABA IP book, Arbitrating Patent Cases, A Practical Guide, and Harrie’s book ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition. Both are available at shopaba.org and on Amazon. … Continue reading ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations
The cases reflecting distrust of arbitration — at least in a person versus corporation dispute — continue from the New Jersey courts. Just a couple of days ago, I noted a recent New Jersey case which found the parties had not reached a “meeting of the minds” on arbitration, leading the appellate court to reverse … Continue reading Another Day, Another Arbitration Clause Problem
In an earlier article and in my recent ABA book, Arbitrating Patent Disputes, a Practical Guide, I addressed whether it was a good idea to include an administrator, such as AAA, CPR, or ICDR, in your arbitration clause. Now there is another reason for your arbitration clause to designate an administrator. The clause may … Continue reading Administered Arbitration: Getting to be an even better idea
Just out in Landslide Magazine: “A Dozen Tips for Technology-Related Mediations and Arbitrations” by Harrie Samaras and David Allgeyer. November/December 2018 Issue, page 16. In this issue, Harrie and I take up the dozen most important things to bear in mind when mediating or arbitrating technology-related disputes. We explain the following tips in detail: … Continue reading New Article in ABA Section of Intellectual Property’s Landslide Magazine
Below is the text of an announcement for an ADR program I am very happy to be part of. For more information, please go to: https://www3.wipo.int/registration/en/form.jsp?organization=WIPO®istration_id=325&utm_source=All+SVAMC+Contacts&utm_campaign=bfd8038e6f-EMAIL_CAMPAIGN_2018_09_20_04_01&utm_medium=email&utm_term=0_934ca19b39-bfd8038e6f-514384661 Advanced Issues in Tech and Patent ADR: Mediating and Arbitrating Disputes Please join leading corporate counsel, tech litigators, representatives of the World Intellectual Property Organization (WIPO), the … Continue reading ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR
I am pleased to announce a new webinar I am honored to part of, along with AAA VP A. Kelly Turner and Arbitrator Felicia Boyd: Wednesday, September 26, 2018 2:00 – 3:00 p.m. (CENTRAL TIME) Making Arbitration Work: Avoiding Pitfalls and Pratfalls Litigation is often just too expensive to be a practical way to resolve … Continue reading Webinar: Making Arbitration Work: Avoiding Pitfalls and Pratfalls
Several years ago, I was giving a CLE presentation on confirming and attacking arbitration awards in court. With me was in-house counsel for a prominent local corporation. When I got to the part about overturning arbitration awards in court, he piped up and said something like, “This is going to go on for a while. … Continue reading Courts’ Review of Arbitration Awards: What It Means for You
As mentioned in an earlier article in this series 1, arbitration of cross-border disputes has many advantages. Surprisingly, foreign courts are more likely to enforce arbitration awards from another country than court judgments. This is because several international treaties provide for such enforcement. Apprehension about an unfamiliar court system may make arbitration more attractive to … Continue reading Embracing International Arbitration: California Acts. Other States Should, Too.