Institutional and Ad Hoc Arbitration
Arbitration | TypesWe represent clients in both institutional arbitrations administered by major arbitral institutions and ad hoc arbitrations conducted without institutional administration.
Overview
Choosing the Right Framework
Arbitration can proceed under institutional administration or on an ad hoc basis. MC Law advises on framework selection and represents clients effectively in both contexts.
Institutional Arbitration
Institutional arbitration provides administrative support and established procedures. We handle cases under ICC, LCIA, AAA-ICDR, SIAC, HKIAC, JAMS, and other institutional rules. We leverage institutional frameworks to achieve efficient proceedings.
Major Institutions Different institutions suit different disputes. We advise on institutional selection based on geography, industry, procedural preferences, and cost considerations. We explain how institutional differences affect the arbitration experience. Ad Hoc Arbitration Ad hoc arbitration proceeds without institutional administration. We handle UNCITRAL Rules arbitrations and other ad hoc proceedings. We address challenges including arbitrator appointment, procedural decisions, and fee arrangements that institutions otherwise handle. Hybrid Approaches Some disputes combine institutional and ad hoc elements. We advise on customized procedures that leverage institutional benefits while preserving flexibility. We draft arbitration agreements that implement hybrid approaches. Institutional Support Services Institutions offer various support services. We advise on when to use optional services including emergency arbitrators, expedited procedures, and appointment services. We leverage institutional offerings strategically. Transitioning Between Frameworks Disputes may need to move between frameworks. We handle transitions from ad hoc to institutional arbitration and address situations where institutional proceedings become ad hoc.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
Institutional arbitration is administered by an organization like the ICC or LCIA that provides rules, appoints arbitrators, and manages the process. Ad hoc arbitration is conducted without institutional administration, typically using the UNCITRAL Rules, giving parties more control but less support.
Institutional arbitration offers established procedural rules, administrative support, default appointment mechanisms, scrutiny of awards in some institutions, and a recognized framework that enhances enforceability and predictability.
Ad hoc arbitration may be preferable when parties want maximum procedural flexibility, wish to avoid institutional fees, have experience managing arbitrations, or when state parties prefer not to submit to institutional administration.
The choice depends on geography, dispute type, value, and industry. ICC is the most widely used globally, LCIA is efficient for European disputes, SIAC and HKIAC are leading in Asia, and specialized institutions exist for specific sectors like maritime or sports.
Switching mid-proceeding requires agreement of all parties and the tribunal, and is uncommon. It is far better to select the appropriate format in the original arbitration agreement. Some institutions will accept administration of previously ad hoc proceedings by agreement.
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
