Jurisdictional Issues
Arbitration | ProcedureWe address jurisdictional challenges in arbitration including arbitration agreement validity, scope of arbitrable disputes, party consent, and competence-competence issues.
Overview
Establishing and Challenging Tribunal Authority
Jurisdictional issues determine whether disputes can proceed to arbitration. MC Law's Jurisdictional Issues practice addresses challenges to arbitral authority and defends tribunal jurisdiction when challenged.
Agreement Validity
Valid arbitration agreements are jurisdictional prerequisites. We establish agreement validity and defend against challenges based on formation defects, capacity issues, or duress. We address separability doctrine and its implications for agreement validity.
Scope of Agreement Arbitration agreements cover defined disputes. We analyze agreement scope, argue for broad or narrow interpretation as client interests require, and address disputes over whether particular claims fall within agreement coverage. Party Consent Only consenting parties can be bound to arbitrate. We address issues including third-party beneficiaries, succession, assignment, and group of companies doctrine. We pursue joinder of necessary parties and defend against improper joinder. Competence-Competence Tribunals generally decide their own jurisdiction. We navigate competence-competence principles, addressing when tribunals versus courts should decide jurisdictional issues. We pursue and defend court intervention in jurisdictional determinations. Bifurcation Jurisdictional issues may warrant separate determination. We advise on bifurcation strategies, seeking to resolve threshold issues efficiently. We present jurisdictional arguments effectively whether bifurcated or joined with merits. Jurisdictional Awards Jurisdictional decisions may be challenged. We pursue and defend challenges to jurisdictional awards in appropriate forums.Our Services
international_arbitration
Federal registration and validity opinions
arbitration_agreements
Federal registration and validity opinions
multiparty_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
Competence-competence is the principle that arbitral tribunals have the power to rule on their own jurisdiction, including objections to the existence or validity of the arbitration agreement. This prevents parties from delaying proceedings through court challenges.
Common objections include invalidity of the arbitration agreement, disputes falling outside the agreement's scope, lack of standing or proper party status, failure to satisfy preconditions to arbitration, and expiration of limitation periods.
The separability doctrine treats the arbitration clause as independent from the main contract. Even if the underlying contract is void, voidable, or terminated, the arbitration agreement may remain valid, allowing the tribunal to decide the dispute.
Jurisdictional objections should typically be raised at the earliest opportunity, often in the response to the request for arbitration or at the first procedural hearing. Failure to raise timely objections may result in waiver of the right to challenge jurisdiction.
Courts may consider jurisdiction at the enforcement or set-aside stage, and some jurisdictions allow pre-arbitration court review. However, most pro-arbitration jurisdictions defer to tribunals on jurisdictional questions under the competence-competence principle.
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
