The benefits of using arbitration to resolve IP disputes are demonstrated by its rising use in recent years. Arbitration offers an attractive solution to IP owners who wish to resolve their disputes in a fast and flexible way, especially when parties from different jurisdictions are involved.
If well-managed, arbitration can save significant time and cost. In addition, its consensual nature often results in a less adversarial process, allowing the parties to begin, continue or enhance profitable business relationships with each other. However, the parties and their legal counsel must be aware of the peculiarities that arbitration entails, in particular, the issue of arbitrability, both when selecting the seat of the arbitration and when considering the likely place of enforcement.
Note: This article was first published in CDR Magazine Winter 2018
Yoanna Schuch is a senior associate in the Litigation/Controversy Department, and is a member of the International Arbitration Practice Group. She joined the firm in 2015.
Yoanna Schuch Senior Associate
WilmerHale is a leading, full-service international law firm with 1,000 lawyers located throughout 12 offices in the United States, Europe and Asia.