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International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
International Arbitration Of Sep Frand Royalties, Steven Pepe, Samuel Brenner, Michael Morales
Touro Law Review
Standard-essential patent royalty disputes have typically been litigated in U.S. federal district courts, but patent owners have recently started to file suit in courts across the globe, leading to issues of comity, anti-suit injunctions, and increased litigation costs. International arbitration provides a unique forum for parties to litigate these royalty disputes and avoid, or at least lessen the burden, of these issues. This Article explores the advantages and disadvantages of using international arbitration to resolve standard-essential patent royalty disputes.
Maintaining The Attractiveness Of Arbitration In A Changing World: The Acica Arbitration Rules And The Siac Arbitration Rules, Gabriel Moens, Camilla Andersen, Tracy Albin
Maintaining The Attractiveness Of Arbitration In A Changing World: The Acica Arbitration Rules And The Siac Arbitration Rules, Gabriel Moens, Camilla Andersen, Tracy Albin
UAEU Law Journal
Australian Centre for International Commercial Arbitration – Singapore International Arbitration Centre – Arbitration – Emergency Arbitrator – Interim Measures of Protection – Consolidation – Joinder – Confidentiality – Experts – Mediation – Judicialization of Arbitration – Popularity of Arbitration This article reviews the revised arbitration rules adopted by the Australian Centre for International Commercial Arbitration and the Singapore International Arbitration Centre. The rules of these prominent arbitration institutions are described, analysed and compared with each other. The authors concentrate on the most important revisions, including those relating to emergency arbitrators, interim measures of protection, and consolidation and joinder, among others. …
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger
Arbitration Law Review
No abstract provided.
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
Secret Arbitration Or Civil Litigation?: An Analysis Of The Delaware Arbitration Program, Jores Kharatian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Delaware Arbitration Experiment: Not Just A “Secret Court”, Jessica Tyndall
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program , Thomas J. Stipanowich
The Journal of Business, Entrepreneurship & the Law
The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view of court …
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Pepperdine Dispute Resolution Law Journal
The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone's consent.
California's Opportunity To Create Historical Precedent Regarding A Mediated Settlement Agreement's Effect On Mediation Confidentiality And Arbitrability , Susan Nauss Exon
California's Opportunity To Create Historical Precedent Regarding A Mediated Settlement Agreement's Effect On Mediation Confidentiality And Arbitrability , Susan Nauss Exon
Pepperdine Dispute Resolution Law Journal
Confidentiality serves as a cornerstone of mediation. The public policy underlying confidentiality is the promotion of candid communications between disputing parties. As explained in this article, mediation confidentiality affects more than just communication. It affects other important mediation values, such as party self-determination and mediator impartiality. Mediation confidentiality affects parties' ability to enforce their mediated agreements. Finally, confidentiality affects multiple dispute resolution processes, as seen by the interrelated nature of mediation and arbitration in the seminal case of Fair v. Bakhtiari.
When Mediation Confidentiality And Substantive Law Clash: An Inquiry Into The Impact Of In Re Marriage Of Kieturakis On California's Confidentiality Law, Annalisa L. H. Peterson
When Mediation Confidentiality And Substantive Law Clash: An Inquiry Into The Impact Of In Re Marriage Of Kieturakis On California's Confidentiality Law, Annalisa L. H. Peterson
Pepperdine Dispute Resolution Law Journal
Mediation confidentiality laws play a critical role in allowing mediation to remain a viable process for parties to discuss the issues involved in their dispute, exchange information, and potentially reach a settlement before trial. Without certain guarantees as to the confidential nature of such a meeting, no savvy party or attorney would agree to provide information that could later be turned against him at trial, and many valuable opportunities (as measured in time, cost, reputation, relationship, etc.) for resolution would be lost. However, some parties to mediated disputes either do not reach resolution, or later contest a mediated agreement in …
Guardians Ad Litem Do Not Belong In Family Mediations , Suzanne J. Schmitz
Guardians Ad Litem Do Not Belong In Family Mediations , Suzanne J. Schmitz
Pepperdine Dispute Resolution Law Journal
A Guardiam Ad Litem (GAL) is valuable to the resolution of custody disputes because the GAL evaluates the facts concerning the dispute and recommends to the court what are the best interests of the child.5 Mediation is valuable because parents can determine their own decisions regarding their children. However, where appointing a GAL threatens the value of mediation, there is a risk to mediation. A simple solution to avoid this threat is to refrain from appointing a GAL until after mediation has been attempted or, if one is appointed prior to mediation, to excuse the GAL from mediation. This article …
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
You Promised You Wouldn't Tell: Modifying Arbitration Confidentiality Agreements To Allow Third-Party Access To Prior Arbitration Documents, Gotham Holdings, Heath Grades
Journal of Dispute Resolution
To facilitate the speed, cost-effectiveness, and casual atmosphere of arbitration, it has long been thought that parties must trade in the usual features of the courts, such as precedent, appellate review, and certain evidentiary rules. With the increasing use of arbitration, many parties have begun to demand that some of the comforts that have long accompanied litigation be merged with the benefits of arbitration. Courts have, for the most part, denied such demands. Nevertheless, the Seventh Circuit in Gotham Holdings allowed such a demand by ruling that third parties must have the opportunity to obtain prior arbitration awards and use …
Arbitration After Hall Street V. Mattel: What Happens Next?, Stanley A. Leasure
Arbitration After Hall Street V. Mattel: What Happens Next?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
Promise Of Confidentiality In Mediation: Practitioners' Perceptions, The, T. Noble Foster, Selden Prentice
Promise Of Confidentiality In Mediation: Practitioners' Perceptions, The, T. Noble Foster, Selden Prentice
Journal of Dispute Resolution
In response to these articles, we sought to determine the perceptions of mediation practitioners in our own region, the Seattle/King County area, regarding mediation confidentiality and privilege. This paper presents our finding and addresses the following: (1) the scope of confidentiality and privilege under Washington law; (2) recent Washington case law addressing evidence of mediation communications; (3) a review of Florida's recent legislation - significantly different from Washington law, and unique among state mediation statutes - which provides for sanctions in the event confidentiality is breached; and (4) the perceptions of mediators, attorneys, and judges from the greater Seattle area …
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo
Fordham Urban Law Journal
This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Journal of Dispute Resolution
Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized …
When Confidentiality Is Not Essential To Mediation And Competing Interests Necessitate Disclosure, Patrick Gill
When Confidentiality Is Not Essential To Mediation And Competing Interests Necessitate Disclosure, Patrick Gill
Journal of Dispute Resolution
Mediation is a process where a neutral intervener helps disputing parties develop a mutually beneficial resolution. Confidentiality is an established element of mediation. In general, confidentiality furthers the ability of the parties to seek mutually beneficial outcomes to disputes that would otherwise customarily produce a win/lose result. Confidentiality encourages parties to explore their underlying interests, without fear of the repercussions of revealing such information. Arguments are asserted that mediation will not succeed without the assurance that communications will be protected by a confidentiality privilege. The Uniform Mediation Act (UMA) has attempted to clarify the various confidentiality protections afforded by individual …
Confidentiality In Mediation: Is It Encouraging Good Mediation Or Bad Conduct, Sarah Williams
Confidentiality In Mediation: Is It Encouraging Good Mediation Or Bad Conduct, Sarah Williams
Journal of Dispute Resolution
Mediation has long been used in the judicial system of the United States to offer an alternative to litigation which can save time and money. Not only have its cost-effective and time efficient attributes contributed to its use, but the judiciary and legislature have often encouraged its use in order to mitigate the number of cases in the court system. In some states, the legislature has enacted statutes to make mediation mandatory before certain adjudications will even take place. Furthermore, to encourage these mediations to settle, many legislatures and jurisdictions have enacted statutes to protect the confidentiality of the mediation. …
Confidentiality In Victim Offender Mediation: A False Promise, Mary Ellen Reimund
Confidentiality In Victim Offender Mediation: A False Promise, Mary Ellen Reimund
Journal of Dispute Resolution
The intent of the article is to provide the framework by which victim offender programs can delve into the complexities of mediation confidentiality and avert potential disaster. First, a foundation is needed to explain the philosophical goals of restorative justice, the VOM process, and mediation as it relates to restorative justice. With that background, areas that are likely to spark confidentiality concerns will be discussed as will exemplary confidentiality statutes, cases, and the Uniform Mediation Act. By carving a path of awareness through this previously unexplored topic as it relates to VOM, there will be less likelihood of false promises …
State Legislative Update, Robert J. Fisher, Katherine M. Massa, Benjamin B. Nelson, Cassandra A. Rogers
State Legislative Update, Robert J. Fisher, Katherine M. Massa, Benjamin B. Nelson, Cassandra A. Rogers
Journal of Dispute Resolution
Senate Bill 1970 was introduced in the Florida Senate on March 2, 2004. It was initially referred to the Senate Judiciary Committee where it passed on April 19 with an 8-0 vote. Senate Bill 1970 was read for the first time in the Senate on April 21. The bill passed the full Senate on April 24 with a 39-0 vote. It was then sent to the full House on April 26 where it was substituted for House Bill 1765. Senate Bill 1970 was read and passed in the House on April 27 with a 114-0 vote. The bill was presented …
Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson
Journal of Dispute Resolution
The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Checks On Participant Conduct In Compulsory Adr: Reconciling The Tension In The Need For Good-Faith Participation, Autonomy, And Confidentiality, Maureen A. Weston
Indiana Law Journal
No abstract provided.
Concern Over Confidentiality In Mediation - An In-Depth Look At The Protection Provided By The Proposed Uniform Mediation Act, The, Mindy D. Rufenacht
Concern Over Confidentiality In Mediation - An In-Depth Look At The Protection Provided By The Proposed Uniform Mediation Act, The, Mindy D. Rufenacht
Journal of Dispute Resolution
This Comment will investigate the historical problems with confidentiality in mediation and evaluate the Proposed Uniform Mediation Act's (hereinafter "U.M.A." or "Act") approaches to remedying confidentiality issues. The reader should carefully note that the Uniform Mediation Act is in an on-going drafting phase at this time, and the content of the Act's drafts discussed herein are not final and are for discussion purposes only. This Comment's discussion will cover confidentiality in disclosure with respect to parties, waiver, and a mediator's duty of non-disclosure. This Comment will also compare the mechanisms the U.M.A. has put in place to govern confidentiality to …
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Journal of Dispute Resolution
The public's interest in and use of alternative forms of dispute resolution has been in existence for hundreds of years.2 However, today's rejuvenated interest in alternative forms of dispute resolution can be traced to the late sixties Since that time, alternative forms of dispute resolution have been labeled the wave of the future. The growth of alternative forms of dispute resolution can be seen in the tremendous increase in programs offering dispute resolution services. In 1980, there were approximately one hundred dispute resolution programs located throughout the United States. Today, there are over four hundred dispute resolution programs available to …
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Journal of Dispute Resolution
In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Journal of Dispute Resolution
Mediation is becoming an increasingly popular alternative to formal adjudication. Large mediation programs handling huge numbers of both civil and criminal cases have sprung up in several of the largest cities in the nation. In Tulsa, Oklahoma, when the police write a citation, they often write "mediation" in place of a dollar amount.' The mediation program in Columbus, Ohio, handled over 9,000 cases in a one year period.2 Of those 9,000 cases, 500 ultimately resulted in criminal charges, 3 and twelve resulted in one of the disputants murdering the other.4