Tag Archives: arbitration

Lawyers and Arbitration: A Special Case (Now also in New Jersey)

In an earlier article in this series, we asked: “Lawyers and Arbitration:  A Special Case?”  The issue was whether lawyers needed to explain more about arbitration if they wanted to uphold arbitration clauses in their retainer agreements with their clients.  That is not necessary in other contracts – including those with consumers.  But the answer … Continue reading Lawyers and Arbitration: A Special Case (Now also in New Jersey)

Arbitration and the PTAB

In earlier articles and in my book, Arbitrating Patent Disputes, I began to look at the interplay between post-grant proceedings at the Patent Office’s Patent Trial and Appeal Board (PTAB) and arbitration.  The initial question was, “why not just settle patent disputes at the PTAB?”  PTAB review can provide a relatively quick and inexpensive way … Continue reading Arbitration and the PTAB

Arbitration, the PTAB, and the Supreme Court: A Quick Update

Time now for an update.  In an earlier article, we explored whether the recent Supreme Court decision in United States v. Arthrex, Inc. affected whether or not parties should forego arbitration of patent disputes in favor or going to the Patent Office in an inter partes proceeding put in place by the American Invents Act.  … Continue reading Arbitration, the PTAB, and the Supreme Court: A Quick Update

Mediate then Arbitrate? Well, then maybe neither.

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.

Arbitration, the PTAB, and the Supreme Court

In my book, Arbitrating Patent Disputes, A Practical Guide (ABA Books), one of the first issues I deal with is whether parties should agree to use arbitration to resolve disputes.  There are many good reasons to use arbitration to resolve patent disputes, including lower expense, faster resolution, ability to help pick the decision-maker, finality, privacy, … Continue reading Arbitration, the PTAB, and the Supreme Court

ABA’s 14th Annual Arbitration Training Institute: June, 2021

Please join us for the ABA’s Arbitration Training Institute – online! The faculty will be covering virtually all aspects of arbitration from the preliminary hearing, to the hearing, the award, and beyond – including online arbitration. Who Should Attend? ■Litigators wanting to better utilize arbitration ■Experienced and new arbitrators seeking better understanding of recent developments … Continue reading ABA’s 14th Annual Arbitration Training Institute: June, 2021

ABA House of Delegates Passes Resolution in Support of Commercial Arbitration

On February 22, the ABA House of Delegates passed Resolution 100 in support of arbitration of business-to-business (“b-to-b”) disputes.  This is an important recognition by the American Bar Association of the benefits and importance of arbitration to resolve these disputes.  It reads: RESOLVED, that the American Bar Association supports the use of arbitration of business-to-business … Continue reading ABA House of Delegates Passes Resolution in Support of Commercial Arbitration

Arbitrating Patent Disputes: A Practical Guide

I generally post articles here with some regularity. During the holiday season, though, I thought I’d take a break and just point you to a book I wrote dealing with arbitration issues. It’s the equivalent to at least 22 articles and is, in fact, based on a series of articles I wrote for this blog … Continue reading Arbitrating Patent Disputes: A Practical Guide

The Case of the Impartial Joke

Humor often helps make stressful situations bearable.  And arbitration hearings can be stressful.  I’ve seen many arbitrators use humor to defuse tension and just make life a little more enjoyable for everyone involved.  I’ve even tried it myself.  Sometimes it works. Sometimes it doesn’t.   But sometimes the joke isn’t taken the right way. Or … Continue reading The Case of the Impartial Joke

I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards

Rarely do arbitration issues remind me of a Beatles song, but today’s issue does.  Remember I’m Looking Through You from Rubber Soul?  Well, whether a court will do that or not may change where you decide to enforce or challenge an arbitration award. Which court?  As I explained in my book, Arbitrating Patent Disputes, A … Continue reading I’m Looking Through You — Or Not: Federal Jurisdiction to Enforce Arbitration Awards