Using arbitration to resolve TMT disputes
Produced in partnership with CMS
Using arbitration to resolve TMT disputes

The following Arbitration practice note produced in partnership with CMS provides comprehensive and up to date legal information covering:

  • Using arbitration to resolve TMT disputes
  • Factors in favour of arbitration as a method for resolving TMT disputes
  • Enforceability
  • Avoiding litigation in a foreign country
  • Confidentiality—protection of technical know-how
  • Expertise of the decision maker
  • Factors against the use of arbitration as a method of resolving TMT disputes
  • Costs and speed
  • Difficulty in obtaining injunctive relief
  • Features of TMT disputes
  • More...

In the modern age, the Technology, Media and Telecoms (TMT) sector has a central role in the world economy. Its ever-changing nature and the consequences it entails as regards the chosen dispute resolution mechanism have been the subject of various studies, such as the 2016 International Dispute Resolution Survey by Queen Mary University of London and Pinsent Masons—'Pre-empting and Resolving Technology, Media and Telecoms Disputes' and the 2018 International Arbitration Survey by Queen Mary University of London together with White & Case: 'The Evolution of International Arbitration'.

The 2016 Survey demonstrated that while a striking 92% of the respondents saw arbitration as well suited for TMT disputes and 43% saw arbitration as the preferred method of dispute resolution, litigation in state courts remained the most used forum of choice for disputes in this sector (44%). Curiously enough, the 2018 Survey demonstrated that 81% of the respondents believed that the use of international arbitration for disputes in the sector is likely to increase in the future, but the statistics from some of the leading arbitral institutions still showed little expression of that in the same year (eg only 5%–8% of the new cases in the International Chamber of Commerce (ICC), whereas in the American Arbitration Association (AAA-ICDR) there was actually a decrease of 27% in disputes related to entertainment and media).

Doubts remain as to why there

Popular documents