International Arbitration
Our arbitration team represents clients in high value international technology and patent license disputes. We are able to draw on our unparalleled team of technically qualified lawyers as well as our deep understanding of key industry sectors in handling complex international arbitrations. We have a wealth of experience of handling cases under the rules of leading arbitral bodies including ICC, LCIA and WIPO. IP disputes do have certain unique aspects which mean that standard arbitral rules are not always suitable, but we have considerable experience of guiding our clients in designing more bespoke mechanisms for resolving patent and other IP disputes. Where cases require expertise on procedure or law in other jurisdictions, our international reach allows us to tap into market-leading advisers around the globe.
We are also able to provide experienced lawyers to act as arbitrators or to provide neutral opinions for the purpose of assisting dispute resolution.
Our arbitration experience includes:
- Representing an Australian biotechnology company in an LCIA arbitration over the payment of royalties due under a patent licence covering sales of a blockbuster product.
- Acting for a multinational heavy industrial company in relation to ICC arbitration relating to trade secret use in industrial installation.
- Representing a software company in an LCIA arbitration arising from a software licence/development agreement.
- Acting for a biotechnology company in an ICC arbitration of a global settlement agreement in relation to research tool products.
- Advising on an arbitration, under an ad hoc procedure, relating to a dispute over the royalties due on sales of a licensed pharmaceutical product.
Mediation
Litigation alone rarely resolves a multi-national IP dispute. We therefore assist our clients at every stage to consider alternatives to litigation, whether a mediation or a negotiated settlement. We believe that many disputes can be settled by ADR, even where there is no pre-existing agreement in place and can lead to outcomes which court proceedings cannot deliver.
We have two qualified mediators among our ranks who, in addition to acting as mediators, regularly assist clients in mediations.
Examples of our other ADR experience include:
- Representing an electronics patent holder in successful mediation with major retailers resulting in multi-million pound royalty payments and future contractual dispute resolution mechanism.
- Representation in mediation of an agrochemical company defending multi-million Euro claim arising from jointly developed regulatory data. The mediation resulted in mutually beneficial future commercial relationship without the need for financial compensation.
- Advising an FMCG client and designing a multi-tiered dispute resolution mechanism for future global patent disputes with a competitor under modified WIPO rules.
- Representing a software company in successful mediation to settle litigation with a customer regarding breach of contract (software licence) and copyright infringement.
- Representing a multi-national biotech company in a mediation relating to the settlement of patent infringement proceedings.
- Providing a neutral expert opinion on a disputed patent licence provision