Introduction to Arbitration

This Practice Note sets out a summary of the advantages and disadvantages of choosing arbitration for resolving IP Disputes. It covers the common characteristics of IP disputes and the reasons why arbitration might be particularly suitable or unsuitable for resolving them. It also sets out practical points on the management of arbitration proceedings in the context of an IP dispute, and on drafting arbitration clauses.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators (the tribunal) who make a binding decision (an award) on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Arbitration results in a decision which is final, binds the parties and is enforceable against the losing party. In this Practice Note, we refer generally to ‘arbitration’ as a catch-all term, although ‘international arbitration’, ‘ad hoc arbitration’, ‘administered arbitration’ or ‘institutional arbitration’ may be more accurate in context. For an introduction to the key features of arbitration, see Practice Note: Arbitration—an introduction