Arbitration Agreements
Arbitration | Pre-DisputeWe draft and negotiate arbitration agreements that provide effective dispute resolution mechanisms tailored to the parties' relationship, industry, and potential disputes.
Overview
Designing Effective Dispute Resolution
Arbitration agreements determine whether, where, and how disputes will be resolved. MC Law's Arbitration Agreements practice helps clients design dispute resolution mechanisms that serve their interests when disputes arise.
Clause Drafting
We draft arbitration clauses tailored to the transaction and relationship. We advise on scope of disputes covered, institutional selection, seat of arbitration, governing law, number of arbitrators, language, and procedural customizations. We avoid pathological clauses that create uncertainty or dysfunction.
Institutional Selection Choice of institution affects procedure, cost, and quality. We advise on selection among ICC, LCIA, AAA-ICDR, SIAC, HKIAC, and other institutions based on industry, geography, dispute types, and client preferences. We explain institutional differences that affect arbitration experience. Seat Selection The arbitration seat determines supervisory court authority and applicable procedural law. We advise on seat selection considering neutrality, judicial attitudes, available legal remedies, and enforcement considerations. We help clients choose seats that serve their interests. Multi-Tier Clauses Some disputes benefit from negotiation or mediation before arbitration. We design multi-tier dispute resolution clauses that encourage settlement while preserving arbitration rights. We ensure enforceability of escalation requirements. Specialized Provisions Different industries and transactions need customized provisions. We draft emergency arbitrator provisions, expedited procedures, confidentiality protections, document production limitations, and other customizations. We tailor arbitration design to client needs. Enforcement Considerations Arbitration's value depends on enforceability. We design agreements with enforcement in mind, considering New York Convention requirements, jurisdictional considerations, and potential enforcement obstacles.Our Services
international_arbitration
Federal registration and validity opinions
litigation
Federal registration and validity opinions
commencing_arbitration
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
An enforceable arbitration agreement requires a clear agreement to arbitrate, identification of the scope of disputes covered, and compliance with applicable formal requirements. Courts generally favor enforcement but may invalidate agreements that are unconscionable or lack mutual assent.
Essential terms include the arbitral institution or ad hoc rules, seat of arbitration, number of arbitrators, language, governing law, and scope of disputes covered. Optional provisions may address confidentiality, expedited procedures, and consolidation.
Broad arbitration clauses can cover virtually all disputes arising from a relationship, but courts scrutinize scope carefully. Carve-outs for injunctive relief, IP disputes, or small claims are common and can be strategically important.
The seat determines the procedural law governing the arbitration, the courts with supervisory jurisdiction, and the grounds for challenging awards. Choosing a seat with a pro-arbitration legal framework and experienced judiciary is critical.
Yes, parties can agree to arbitrate existing disputes through a submission agreement. However, negotiating arbitration terms after a dispute has arisen is typically more difficult, making pre-dispute arbitration clauses preferable.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
