We have been addressing some of the tricky issues that can come up in commercial arbitration — which I’ve been calling “potholes” — and how to address them. This time, let’s take up damages. The situation Consider this situation. You are the arbitrator. The Claimant is seeking royalty payments under a license agreement on a … Continue reading Commercial Arbitration: Avoiding Potholes on Damages
In earlier articles in this series we focused on the patent cases most likely to be arbitrated, formulation of arbitration clauses, and the prehearing conference. We then took a slight diversion to examine federal statutes governing arbitration of patent matters. Because the prehearing conference shapes the arbitration process, to participate intelligently you will need to … Continue reading Arbitrating the Patent Case Part X: Experts
Steps to Successful Contract Negotiation What do you promise when you sell something? What rights might you give up when you buy? And who pays when things go wrong? By Steven Kelley and David Allgeyer Purchases move fast in an electronically connected world, often without contracts or any other negotiated agreements. That’s fine when the … Continue reading Warranties Remedies and Related Peccadilloes
In the first two articles in this series we explored the types of patent cases most likely to be amenable to arbitration, whether to opt for administrated or ad hoc arbitration, and whether to provide for a panel or a single arbitrator. The next decision to make is what the qualifications of the arbitrator or … Continue reading Arbitrating the Patent Case Part III: Who should arbitrate?