Arbitrators Appointments
Arbitration | ProcedureWe advise on arbitrator selection strategy and manage the appointment process to ensure tribunals are composed of qualified, appropriate decision-makers for each dispute.
Overview
Strategic Tribunal Composition
The composition of the arbitral tribunal significantly affects arbitration outcomes. MC Law's Arbitrators Appointments practice helps clients identify, evaluate, and appoint arbitrators who will provide fair, efficient, and informed resolution of their disputes.
Selection Strategy
Arbitrator selection requires strategic thinking. We analyze case characteristics, party positions, and procedural preferences to identify arbitrators likely to approach the case appropriately. We consider substantive expertise, industry experience, availability, and decision-making tendencies.
Candidate Identification We maintain extensive knowledge of the arbitrator community. We identify candidates with appropriate backgrounds, evaluate their qualifications and track records, and assess potential conflicts. We help clients build shortlists of strong candidates for party-appointed and presiding arbitrator roles. Due Diligence Thorough vetting protects against problems. We investigate potential arbitrators' backgrounds, review prior awards and writings, assess conflicts of interest, and evaluate professional reputation. We ensure clients make informed appointment decisions. Appointment Procedures Different institutions have different appointment procedures. We navigate institutional processes, manage deadlines, and ensure proper documentation. We handle challenges to arbitrator appointments and respond to challenges to our clients' appointees. Chair Selection Presiding arbitrator selection often requires negotiation or institutional involvement. We develop strategies for chair selection, advocate for favorable candidates, and navigate selection procedures. We understand how chair selection affects tribunal dynamics. Arbitrator Challenges When grounds exist, we pursue arbitrator challenges. We assess whether circumstances warrant challenge, prepare challenge applications, and advocate before appointing authorities. We also defend against challenges to arbitrators our clients have appointed.Our Services
international_arbitration
Federal registration and validity opinions
arbitration_agreements
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
Selection depends on the arbitration rules. Typically, each party nominates one arbitrator, and the two party-appointed arbitrators select the presiding arbitrator. If parties cannot agree, the arbitral institution makes the appointment.
Key factors include subject matter expertise, language skills, availability, nationality considerations, prior arbitration experience, reputation for fairness and efficiency, and absence of conflicts of interest with the parties or dispute.
Yes, arbitrators can be challenged for lack of impartiality or independence, or failure to meet agreed qualifications. Challenge procedures vary by institution but generally require prompt action upon learning of the grounds for challenge.
The presiding arbitrator chairs the tribunal, manages procedural matters, and often plays a decisive role in deliberations. Selection of the presiding arbitrator is frequently the most consequential appointment decision in arbitration.
Sole arbitrators are faster and less expensive, suitable for smaller or less complex disputes. Three-member tribunals provide diverse perspectives, party participation in selection, and greater deliberation, making them preferable for complex or high-value cases.
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
