Multiparty Arbitration
Arbitration | ComplexWe handle arbitrations involving multiple parties, multiple contracts, joinder, consolidation, and the complex procedural issues that arise in multi-party disputes.
Overview
Managing Complex Multi-Party Disputes
Many disputes involve more than two parties. MC Law's Multiparty Arbitration practice handles the procedural and substantive complexities that arise when multiple parties participate in arbitration.
Joinder of Parties
Additional parties may need to join pending arbitrations. We pursue joinder of necessary parties and defend against improper joinder attempts. We address consent requirements, timing limitations, and procedural mechanics.
Consolidation Related arbitrations may warrant consolidation. We pursue consolidation for efficiency and consistency and oppose consolidation when separate proceedings serve client interests. We navigate institutional consolidation rules. Multiple Contracts Disputes may involve multiple related contracts. We address arbitration under interconnected agreements, coordinate proceedings arising from contract networks, and manage issues when different contracts have different dispute resolution provisions. Tribunal Constitution Multi-party cases raise unique tribunal constitution challenges. We navigate party-appointment rights when multiple parties share appointment slots. We address procedures for multi-party arbitrator selection. Procedural Management Multi-party proceedings require careful management. We coordinate among multiple parties, address confidentiality across party groups, and manage document production and hearings involving numerous participants. Allocation Among Parties Awards must address multiple parties appropriately. We advocate for proper liability and damages allocation among parties. We address joint and several liability, contribution, and indemnification.Our Services
international_arbitration
Federal registration and validity opinions
jurisdictional_issues
Federal registration and validity opinions
procedure_evidence
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
Key challenges include ensuring all parties consented to arbitration, managing conflicting interests, constituting the tribunal fairly when multiple parties are involved, handling document production across parties, and coordinating procedural schedules.
Joinder typically requires the consent of all existing parties or a specific provision in the arbitration agreement or applicable rules. Many modern institutional rules now include joinder provisions, but they usually require that the joining party is bound by the arbitration agreement.
Consolidation combines two or more separate arbitrations into a single proceeding. It requires either party agreement or institutional authority under the applicable rules and typically involves related disputes arising from the same or connected contracts.
When multiple claimants or respondents are involved, parties on the same side may need to jointly nominate an arbitrator. If they cannot agree, the institution typically appoints the entire tribunal to preserve equality of the parties.
Only if the arbitration agreements permit it or the parties consent. Multi-contract arbitration raises complex issues of consent and jurisdiction. Careful drafting of arbitration clauses across related contracts can facilitate consolidated proceedings.
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
