The "Necessary", "Desirable" and "Maybe" Language for Alternate Dispute Resolution Clauses and Submission Agreements in Intellectual Property and Technology Disputes

Two experienced arbitrators and mediators will use real life experience from arbitrations, both U.S. and foreign, in discussing what is really needed, or not, in arbitration clauses in possible intellectual property and technology disputes. There are some things that are essential; some that it would be nice to have, and some that should be considered. Standard clauses by various organizations are often included in license agreements by drafters who have little knowledge of intellectual property disputes, nor the practicalities of arbitrations. Presenters will discuss problems arising in use of standard clauses, based on actual arbitration issues which have arisen, and how such clauses might be revised, as appropriate. How arbitration differs from litigation based on the arbitration clause will also be discussed.

Attendees will learn how detailed such a clause should be, what may or should be considered for inclusion; and problems which can arise in using standard clause language, the most important laws, statutes, rules and presumptions which must be considered, and also, various organizations which administer such arbitrations and those that have model clauses and rules.

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