Fair disposition of a dispute often requires studying key documents to understand the facts and circumstances of the dispute. In litigation, you can use the rules to subpoena documents from non-parties before the trial, although the procedure can be somewhat complicated when the non-party is in a different jurisdiction. Then, you may have to get … Continue reading Subpoenaing Discovery Documents in Arbitration? Plan Ahead.
In this series of articles, we have been considering patent arbitration. We began with what types of patent-related cases are most suitable for arbitration. We then considered whether arbitration was likely to be a good idea in a given context and, if so, how to most effectively assure the case will be arbitrated. We then … Continue reading Arbitrating the Patent Case Part XXVII: The Big Picture (Finally)
In this series of articles we have been considering ways to make arbitration more efficient and inexpensive, while maintaining a fair opportunity for both sides to present their case. We first focused on discovery in general, noting that the flexibility of arbitration can help provide ways to obtain necessary information while avoiding the expense of … Continue reading Efficient Arbitration Part VI: Discovery Motions
In the earlier articles in the series we addressed the main thing that makes arbitrations expensive: discovery. As arbitration expanded over the years, many lawyers who were used to litigation-style discovery got involved. They demanded – and often got – litigation-style discovery with its attendant expense. We have been exploring ways to get the parties … Continue reading Efficient Arbitration, Part IV: Non-Party Discovery
In the last two articles in this series we noted that one of the main objections to arbitration is its cost. Some folks are convinced that arbitration is just as expensive as litigation in court. I have found that not to be true, but encounter that perception frequently. I had a discussion about that with … Continue reading Efficient Arbitration, Part III: Getting Control of Depositions
In the last article on this topic, we identified cost as one of the major complaints about arbitration. While arbitration is supposed to be faster and cheaper than litigation, the perception often is that it is not. The culprit, as usual in legal disputes, is discovery. If we are to maintain – or at this … Continue reading Efficient Arbitration, Part II: Getting Control of Electronic Discovery
Arbitration offers many benefits over litigation in resolving commercial and intellectual property disputes. The parties have an active role in picking the decision maker. In fact, they are generally given a listing of well-qualified arbitrators who are often experts in their legal field from whom to choose. The whole system is set up to go … Continue reading Efficient Arbitration, Part I: Getting Control of Document Discovery
In this series or articles, we first focused on the patent cases most likely to be arbitrated, formulation of arbitration clauses, and some matters to be addressed during the prehearing conference. We then took a slight diversion to examine federal statutes governing arbitration of patent matters. After looking at considerations regarding use of experts in … Continue reading Arbitrating the Patent Case Part XI: the Prehearing Schedule