Arbitration and Copyright Law: IT and Telecom

International arbitration is becoming increasingly common these days. With high speed internet allowing many businesses to operate multiple offices overseas, it’s safe to assume that sometimes disputes happen and they have to be settled. Businesses usually prefer to settle disputes by a process called arbitration.

Arbitration is basically a private forum for settling disputes between parties. The trial procedure in these cases is almost identical to regular court cases. Cases that are handled by arbitration typically have more relaxed standards of regulation and procedure than courts of law.

Arbitration is typically used to settle commercial disputes when mediation fails. Cases are processed much faster than regular court cases are processed. It takes months to complete a case instead of the years it can take due to the procedure differences. Preparations for cases usually involve something called ediscovery. People considering going through arbitration with someone should also start doing a lot of file archiving so they have a strong case.

How to Avoid Disputes

Nobody wants to get stuck going through arbitration. One of the best ways to avoid it, beyond using good business practices, is to always use contracts when they are doing business. These legal documents let both parties know exactly where they stand so should a dispute arise, they only have to refer back to the contract to see who is in violation of the terms of agreement. Should one party decide to go into arbitration, there are also ways to ensure that they prepare the best case possible.

Common Methods of Long Distance Arbitration

While some aspects of arbitration remain the same, when dealing with international arbitration like arbitration over a network, things can be different. Laws vary by country.

Choosing Your Arbitrator

When choosing an arbitrator, it’s always best to pick someone with a lot of experience. After all, they hold your business and your very livelihood in your hands. Some might be more expensive, but if they help you win your case, then they’re worth it. Specifically, the firm Mayer-Brown is the leading law firm that specialized in the resolution of international disputes.

Applicable Laws

Applicable laws are basically statutes or regulations that determine the legal standing of a case or issue. When making a contract with someone, you might want to look at examples of contracts already made, because this area of the law is still relatively new, especially when dealing with network arbitration.

Intellectual Property

Intellectual property is property rights over creations of the mind, both artistic, and commercial. Most often, the term applies to things like trademarks, copyrights, and patents. It’s one of the grayest areas of the law because it’s hard to determine who actually owns an idea at times.

World Intellectual Property Organization: This organization is meant to be an arbitration and mediation center for those who are experiencing issues with intellectual property. The organization is based in Geneva, Switzerland.

Miscellaneous Links and Information

For further information, there are plenty of places that have set up help. The American Arbitration Association is the official website for the AAA. It contains links to help individuals who are going to face arbitration. The International Chamber of Commerce has great information for anyone looking into international arbitration. This is the organization that actually makes the arbitration policies. And the selective Guide To Arbitration has compiled a great deal of information on arbitration.