Procedure and Evidence
Arbitration | ProcedureWe advise on arbitration procedure and evidence including document production, witness testimony, expert evidence, and hearing conduct under various institutional and ad hoc rules.
Overview
Effective Arbitral Advocacy
Arbitration procedure differs from litigation. MC Law's Procedure and Evidence practice develops effective procedural strategies suited to arbitral process.
Procedural Framework
Arbitration procedure is largely party-determined. We negotiate procedural orders, advocate for favorable procedural frameworks, and adapt strategies to different procedural approaches. We understand how institutional rules and IBA Guidelines shape procedure.
Document Production Document production in arbitration is generally narrower than litigation discovery. We prepare document requests, respond to requests, and advocate positions on production scope. We address privilege, confidentiality, and cross-border production issues. Witness Evidence Witness testimony is typically presented through written statements followed by cross-examination. We prepare witness statements, develop cross-examination strategies, and present witness evidence effectively. We address witness conferencing and other hearing techniques. Expert Evidence Experts often provide crucial evidence on technical, quantum, and legal issues. We select and work with experts, prepare expert reports, and develop strategies for expert testimony. We address tribunal-appointed experts and expert conferencing. Hearing Presentation Hearings present opportunities for persuasive advocacy. We develop hearing strategies, prepare opening and closing presentations, and conduct effective direct and cross-examination. We adapt to virtual and hybrid hearing formats. Post-Hearing Submissions Post-hearing briefs synthesize evidence and argument. We prepare compelling post-hearing submissions that address tribunal questions and frame issues for decision.Our Services
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Federal registration and validity opinions
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Federal registration and validity opinions
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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
Parties may adopt the IBA Rules on the Taking of Evidence, the Prague Rules, or develop bespoke procedural orders. Unlike domestic litigation, arbitration allows tribunals significant discretion in managing evidentiary matters.
Document production is typically narrower than common law discovery. Requests must identify specific documents or categories, demonstrate relevance and materiality, and show the documents are not in the requesting party's possession. The Redfern Schedule is commonly used.
Arbitral tribunals generally cannot compel third-party witnesses. Party witnesses typically submit written witness statements as direct testimony. Courts may assist with witness compulsion under some national arbitration laws.
Experts provide opinions on technical, financial, or legal issues. Parties may appoint their own experts, and tribunals may appoint independent experts. Expert evidence is often presented through written reports followed by oral examination or witness conferencing.
The initial procedural conference establishes the timetable, rules of procedure, document production scope, hearing dates, and other procedural matters. It is a critical opportunity to shape the proceedings and should be prepared for carefully.
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
