The necessary of arbitration in IP disputes

The necessary of arbitration in IP disputes, arbitration in IP disputes, The necessary role of an arbitration, role of an arbitration

The necessary of arbitration in IP disputes

Normally, when a dispute between 2 parties occurs and they can’t solve it on their own, whether due to the untrustworthiness of the other party or the lack of expert opinions, etc., they would usually ask for the presence of an arbitration. 

Arbitration not just in IP disputes but in disputes, in general, is very useful. This is because the help of arbitration is somewhat still the ‘friendly’ way of solving a problem.

So, what is arbitration, and what is the role of arbitration?

Arbitration 

Arbitration is a dispute resolution method in which only the disputing parties participate together with one or more arbitrators (as distinguished from open court settlement, which can be attended by the public). Compared to a court settlement, arbitration is said to be faster and less expensive. 

Some arbitrators work in many fields and some arbitrators specialize in one area. Therefore, the parties often stipulate in the contract between them that the arbitrator must be knowledgeable about the subject that both parties are involved or likely have a conflict about. 

Another reason why people prefer to use arbitration over courts is that arbitrators are usually very experienced people in their fields of expertise and this is a trend that more and more people prefer to resolve disputes by arbitration.

The necessary role of an arbitration

In the Intellectual Property field, the characteristics and benefits of arbitration in IP disputes may be listed as follows:

Fast and Affordable: With the involvement of arbitration, the disputed parties can choose to settle the argument in peace with relative ease in one jurisdiction. This is incredibly better than taking the matter to courts because big IP disputes will normally involve multiple countries and therefore, it will cost a lot of expensive multi-jurisdictional litigations fees.

Expert opinions: Unlike judges which are experienced in all matters and therefore, not likely to be an expert in a singular subject, arbitrations are experts on a particular subject, for example, Intellectual property disputes. Accordingly, they can give out their experts’ opinions that will likely please both parties, saving them time and money.

Flexible procedure: Unlike court hearings which are strictly tight on the timeframe, the arbitration mediation will be much more flexible. Both parties can agree to a set period of time to discuss and resolve their conflicts. 

Confidentiality: Arbitral proceedings in most countries are strictly confidential unless agreed to make public by the involving parties. Accordingly, the disputes will not be made public and the image and relationship of both parties can still be preserved if they have their disputes settled, leaving room for future collaboration if possible.

Enforcement: Although Court judgment is critically strong and influential, in practice, because of the limitation and barriers between countries as well as many other factors, the enforcement of injunctions by a court is limited and may be unenforceable in many countries. On the other hand, arbitral awards (including injunctions) are enforceable in most countries around the world under the New York Convention.

AAA IPRIGHT – Global IP – Global Trademark Registration

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