Commencing An Arbitration
Arbitration | ProcedureWe guide clients through the process of initiating arbitration proceedings, from pre-arbitration requirements through filing and initial procedural steps.
Overview
Initiating Dispute Resolution
Starting an arbitration requires careful attention to procedural requirements and strategic considerations. MC Law's practice guides clients through commencement, ensuring proper initiation while positioning cases for success.
Pre-Arbitration Requirements
Many arbitration agreements require pre-arbitration steps. We evaluate notice requirements, waiting periods, negotiation or mediation prerequisites, and other conditions precedent. We ensure compliance to avoid jurisdictional challenges while preserving client rights.
Request for Arbitration The request for arbitration initiates institutional proceedings. We draft requests that meet institutional requirements while framing disputes favorably. We address party identification, claim summary, relief sought, arbitrator proposals, and other required elements. Response Strategy When defending, we evaluate claims, identify defenses and counterclaims, and develop response strategy. We prepare comprehensive responses that address claims while advancing affirmative positions. Emergency and Expedited Procedures Urgent circumstances may require immediate relief. We pursue emergency arbitrator proceedings when time-sensitive relief is needed. We also advise on expedited procedures for smaller or simpler disputes. Case Organization Early organization sets the foundation for success. We develop case theories, identify key evidence and witnesses, and create document management systems. We prepare for the arbitration process from the outset. Coordination with Litigation Arbitration and litigation may proceed in parallel. We coordinate arbitration initiation with related court proceedings, addressing issues including stays, preliminary relief, and discovery.Our Services
international_arbitration
Federal registration and validity opinions
arbitration_agreements
Federal registration and validity opinions
arbitrators_appointments
Federal registration and validity opinions
interim_measures
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
Pre-filing steps often include complying with contractual notice requirements, attempting mandatory negotiation or mediation, selecting arbitral rules and institution, and preparing the request for arbitration with supporting documentation.
A request typically includes identification of the parties, a description of the dispute, the relief sought, the basis for the tribunal's jurisdiction, the applicable arbitration agreement, and any nominations for arbitrator appointments.
Very important. Failure to comply with contractual prerequisites such as negotiation periods or notice requirements can provide grounds for jurisdictional objections and may delay or jeopardize the proceedings.
Consider limitation periods, preservation of evidence, commercial relationships, and strategic timing. Filing should occur before claims become time-barred while allowing sufficient time for pre-filing preparation and any required pre-arbitration steps.
After filing, the institution confirms receipt, the respondent files an answer, arbitrators are appointed, and the tribunal holds an initial procedural conference to establish the timetable and procedural rules for the case.
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
