Arbitration Gains Acceptance as a Means of Resolving IP Disputes

Intellectual property disputes typically have been resolved through litigation rather than arbitration. Litigators have seen arbitration as a dispute resolution method geared at matters of private contract. Because intellectual property's very existence has been a product of public policies supporting invention, branding and creativity, the courts have seemed to be the more appropriate locale to handle these disagreements. In the last 20 years, however, arbitration has received increasing attention as an acceptable method of resolving intellectual property disputes.

Part one of this article examines the authorities in this country that permit arbitration of intellectual property matters. It considers arbitration's applicability to specific types of intellectual property disputes and how certain institutions have adapted the arbitration process to intellectual property disputes. Part two will detail factors to weigh when deciding to send an intellectual property claim to arbitration and drafting considerations for arbitration clauses.