Expertise

Did your company sign an agreement with an arbitration clause and are you now exposed to arbitration in this matter - possibly in English?

Rentsch Partner has extensive experience in arbitration proceedings esp. relating to intellectual property rights („IP“).

Introduction

Alternative dispute resolution (ADR) is a term used to cover a range of non-litigation solutions to disputes between parties. The most common forms of ADR encountered in IP disputes are mediation and arbitration.

Many Institutions, e.g. the die Swiss Chambers Arbitration Institution, the World Intellectual Property Organization (WIPO) or the International Chamber of Commerce (ICC) and many others offer institutionalized arbitration.

Arbitration proceedings have, when compared to state court proceedings some advantages and some disadvantages:

  • Confidentiality: Arbitration proceedings are not public and may therefore be treated confidential if agreed so by the parties.
  • Flexibility: The place of arbitration and the language of the arbitration can be chosen by the parties. The proceeding is generally more flexible than state court proceedings.
  • Efficiency: Arbitration proceedings, most of the time, are more swiftly than state court litigation. They often cannot be dragged through several state court instances and thus delay the resolution of a conflict .
  • Experience: When choosing an arbitrator, specific experience of candidates can be taken into consideration.
  • Enforceability: Arbitral awards are often easier to enforce outside of Europe than national judgments.
  • Costs: However, arbitration proceedings are often more expensive than state court litigation (except in the USA and possibly the United Kingdom) where state court proceedings can be quite expensive, too, and where arbitration may be a more cost efficient alternative.
  • Provisional measures: Also, it can be more difficult to obtain and enforce interim measure through arbitration. However, in recent years many institutionalized arbitration organizations have put in place what are called “emergency arbitration” rules, which may allow provisional measures to be obtained swiftly.

 

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