Technology companies and their investors want fast, fair practical results.
Arbitration can be an efficient and cost-effective alternative to litigation. Many SVAMC members arbitrate technology and business disputes including contract, license, IP, investment, corporate and other commercial issues.
Arbitration is an alternative to a court proceeding. Arbitration proceedings are formal but much more flexible than court proceedings and can provide relatively fast and final resolution at lower cost, with greater certainty and with a higher degree of privacy to the parties.
In an arbitration, the parties submit their dispute to one or more impartial Arbitrators, who are typically asked to make a binding decision on the merits of the dispute. The parties can agree to arbitration before or after a dispute arises.
Most U.S. arbitrations involve a single arbitrator agreed upon by the parties or appointed by an arbitral institution or a court. In larger cases, a three member arbitral panel may be used.
The parties have significant control over the design of the arbitration procedure. In the pre-hearing stage of an arbitration, the parties work with the Arbitrator to address details of the agreed procedure. The Arbitration Hearing can range from half a day for basic cases to longer for complex cases. Arbitration Awards are final and do not require court review, although Awards are enforceable in court if needed. Parties in larger cases may chose to include arbitrator review or appeal procedures in their arbitration agreement.
SVAMC generally recommends that U.S. arbitrations be administered by a recognized arbitral institution, such as the American Arbitration Association (AAA), the CPR International Institute for Conflict Prevention & Resolution (CPR) or JAMS, under their applicable rules. See Links.
SVAMC can guide parties on whether a matter is suitable for arbitration, assist with arbitration clauses and the selection of appropriate arbitration methods, rules and providers. SVAMC members regularly serve as arbitrators under all major arbitration rules. SVAMC members also serve as court or party-appointed neutrals in judicial arbitrations.