- Why should I use arbitration instead of court litigation?
There are several reasons for that:
Topic Court litigation Arbitration Expertise
- Judges are trained in law but usually not in IT. They will therefore likely not have the relevant expertise, especially in cutting-edge technologies
- Getting a court expert is expensive and takes much time
- Parties can select arbitrator(s) with relevant expertise
- It can take months until the first hearing takes place, and even more months until a final decision has been taken
- Possibility to appeal
- Arbitration is designed to be fast.; arbitrator(s) and parties can even shorten the procedure
- Only limited possibility to appeal
- Public proceedings
- Proceedings and award are confidential
Ruling is legally binding and enforceable? Yes Yes!
- What forms of dispute resolution are there?
Arbtiral proceedings are binding to the parties, whereas in a mediation settlements of disputes are sought. In an expert determination, only specific parts of a dispute are decided in a binding manner.
- Is the decision of an arbitral tribunal binding?
Yes, in most jurisdictions. Decisions can usually even be enforced by bailiffs.
- What does arbitration cost?
The costs depend on the claim in question and vary very much. In general, however, they are lower than the costs of state courts. To given an example, have a look at the fees and cost schedule of WIPO. Note that those fees may be reduced based on the complexity of the subject matter of the dispute and the time spent by the arbitrator(s).
- Who decide on the arbitrators/judges?
The parties themselves select the judges (e.g., from our arbitration database). Where they cannot find an agreement, the respective arbitration center (e..g, WIPO) selects a judge.