In overseas pacts, ADR lets parties pick forum; customized arbitration clauses in international contracts make dispute resolution less risky

Article Abstract:

Parties negotiating international contracts involving software licenses might want to include arbitration clauses as this dispute resolution mechanism offers numerous advantages. These include expediency, confidentiality, the ability to control the process for arbitrator selection including having an arbitrator knowledgeable about the technical subject matter under litigation, and the ability to customize by contract other elements of the dispute resolution process. The three principal kinds of international arbitration are ad hoc, administered and UNCITRAL, or United States Commission on International Trade Law, rules.

Software, Licensing agreements

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Despite ADR consent, IP cases end up in court: licensing disputes referred to arbitration may entail issues requiring court consideration

Article Abstract:

Arbitration of software license disputes commonly occurs by the parties' consent, but this does not necessarily mean a cost-effective process or even that litigation will be avoided. Court involvement can be crucial when a speedy decision or emergency interim relief are needed. Federal and state statutes give standards for court resolutions or arbitration-related disputes. Such litigation tends to arise in the context of stays for pending lawsuits and requests for interim emergency relief to aid arbitration.

Licenses, Patents & Trademarks, Negotiation, mediation and arbitration, Intellectual property, Patent licenses, Patent licensing, Software protection, Copy protection

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