If you must go to court to see whether you are going to arbitrate your dispute, you have lost at least part of a key advantage of arbitration: saving time and money by avoiding court. The thing that is mostly likely to put you in court is a poor arbitration clause. Today we focus on … Continue reading Mediate then Arbitrate? Well, then maybe neither.
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
In past articles, we have discussed how many courts once were hostile to arbitration. This led Congress to pass the Federal Arbitration Act (“FAA”), 9 U.S.C.§1 et seq., in 1925. That Act applies in both state and federal courts and preempts any inconsistent state law in cases that involve interstate commerce. The FAA provides, simply, … Continue reading Arbitration Clauses: Watch State Law
In the last couple of articles in this series, we looked at arbitration clauses to use in patent cases. These clauses will most likely be involved in license agreements, employee agreements, or product development agreements. We noted that a good place to start is not simply the last arbitration clause someone in your office did, … Continue reading Arbitrating the Patent Case Part VI: Arbitration clauses to watch out for
In earlier articles in this series we examined the types of patent-related cases most suited for arbitration, whether to use administered arbitration, and the considerations for determining who to choose as an arbitrator. In the next few articles we will consider drafting the arbitration clause for a possible patent arbitration. As noted, that arbitration is … Continue reading Arbitrating the Patent Case Part IV: Crafting the basic arbitration clause