This is an Insight article, written by a selected partner as part of GAR's co-published content. Read more on Insight
Global Arbitration Review, in association with Intellectual Asset Management and World Trademark Review, is delighted to publish The Guide to IP Arbitration.
For those unfamiliar with GAR, we are the online home for international arbitration specialists; we tell them all they need to know about everything that matters in their chosen professional niche. Most know us for our daily news and analysis service (you can sign up for our free headlines on www.globalarbitrationreview.com), but we also provide more in-depth content: books and regional reviews; conferences; and workflow tools. Visit www.globalarbitrationreview.com to learn more.
Being at the heart of the international arbitration community, we often become aware of gaps in the literature – topics yet to be fully explored. The intersection of IP and arbitration is one such area. Hitherto, it is fair to say they have not intersected much – certainly less than perhaps expected. Large IP owners are regarded in arbitration circles as being sceptical about arbitration as a format (a bit like banks). Their fears are, for the most part, ill-founded. In many ways, international arbitration is perfect for them: a private, bespoke process invented to bridge cultural divides and that is – most important of all – internationally enforceable. And there are one or two segments of the IP world where use of international arbitration is quite common (the European headquarters of pharmaceutical and life sciences companies are consistent international arbitration users).
Recently, this openness to arbitration has shown signs of spreading. Through our colleagues on IAM and WTR, we are aware of fierce debate within IP about whether litigating in so many forums simultaneously is the best use of resources: why spend US$100 million in legal fees when it could all be done for, say, US$40 million in arbitration? Still a lot, but a saving of US$60 million on both sides. It's rare for any group of users to find arbitration quicker and more cost effective than the alternative, but for large IP owners it is. So one now finds some IP owners who are international arbitration evangelists.
We are therefore delighted to publish the second edition of The Guide to IP Arbitration, in conjunction with two of our sister brands that cover the world of IP: Intellectual Asset Management and World Trademark Review.
This book is in four parts and will be of interest both to newcomers to arbitration and those who are already aficionados. Future editions will be expanded with the viewpoints of arbitrators and in-house counsel.
If you find it useful, you may enjoy other GAR Guides in the same series, which cover energy, construction, M&A disputes, advocacy, damages, mining, telecoms disputes, and challenging and enforcing awards. We are also very proud of our citation manual, UCIA (Universal Citation in International Arbitration).
Lastly, sincere thanks to our two editors, John V H Pierce and Pierre-Yves Gunter, for taking the idea that I pitched and running with it so well. I was on a skiing holiday at the time – my, those days seem a long time ago! And thank you to all of my Law Business Research colleagues for the elan with which they've brought our vision to life.