Silicon Valley Arbitration and Mediation Center Smarter, Faster, Cheaper Technology Dispute Resolution Conference Open Forum with Silicon Valley – September 16, 2016 FIVE KEY LESSONS LEARNED ON INTERNATIONAL TECH DISPUTES: 1. Court Judgments Are Not Valid in Foreign Countries – But Arbitration Awards Are Globally Enforceable Litigation: Assume the winning party in a litigation needs […]
Need for Specialized Tech Neutrals Recognized: Benefits of Tech ADR Becoming Obvious
Arbitral institutions around the world are turning their attention to licensing, infringement and other tech-related disputes. An article in Law360 earlier this year on the focus on IT by the Hong Kong International Arbitration & Mediation Centre (HKIAC) quoted our own SVAMC Tech List appointee Peter Michaelson, who said the efforts in Hong Kong are […]
AAA Releases its Dispute Resolution Impact Report
Reminding us that business-to-business (B2B) disputes comprise its “core activity and services,” the American Arbitration Association recently released supporting statistics for 2015. See: B2B Dispute Resolution Impact Report, 2015 Key Statistics Over the past year, AAA administered 8360 B2B cases, involving total claims of over $13 billion. The average ‘large case’ claim was $5,685,996. There were […]
New Thinking on Fair, Reasonable and Non-Discriminatory Terms Arbitration
The rules of standards setting bodies often require patent owners who participate in standards setting activities to declare their patents that are essential to the standard and to agree to license those patents to implementers of the standard on reasonable and non-discriminatory terms or fair, reasonable and non-discriminatory terms (for this article, collectively “FRAND terms”). […]
Why Tech Companies Should Embrace ADR (Part III)
Previously, on CTCC Blog: Silicon Valley Arbitration & Mediation Center was founded on the belief that the technology community has been slow to embrace ADR, a primary reason being the absence of an identified group of great neutrals with deep experience in high tech business. Technology enterprises, large and small, have defining characteristics making them […]
Why Technology Companies Should Embrace ADR (Part II)
In an earlier post I proposed that the special attributes of technology companies seem to have made them less likely to embrace arbitration and mediation solutions; and that a major reason was their perception that there were few highly regarded neutrals who also had benefitted from long immersion in high tech markets—whether as lawyers, business […]
Why Technology Companies Should Embrace ADR (Part I)
As we considered the founding of Silicon Valley Arbitration & Mediation Center, we had to ask the essential question: Why? What is the problem in need of a solution? Can we add real value to the mélange of arbitral institutions around the world, already comprising thousands of lawyers and industry experts? The foundational issue, on […]
Update on Electronic Stored Information (ESI) and E-Discovery.
New Amendments to the Federal Rules of Civil Procedure Offer New Tools to the Decision Makers’ Skill Sets and Tool Boxes. At last, Justice Roberts has sent to the Speaker of the House the Proposed Amendments to the Federal Rules of Civil Procedure (FRCP). The Proposed Amendments were adopted by the Supreme Court of the […]