Remedies
Arbitration | SubstantiveWe advise on remedies available in arbitration including damages, specific performance, declaratory relief, interest, costs, and equitable remedies.
Overview
Securing Appropriate Relief
The ultimate goal of arbitration is obtaining appropriate remedies. MC Law's Remedies practice develops strategies for securing favorable relief and defending against excessive claims.
Damages
Damages are the most common remedy. We develop damages theories, work with economic experts on quantification, and present compelling damages evidence. We address expectation damages, reliance damages, restitution, and other damages measures.
Interest Interest can significantly affect award value. We advocate for appropriate interest rates, compounding, and time periods. We address pre-award and post-award interest under applicable law. Specific Performance Sometimes monetary damages are inadequate. We pursue specific performance, injunctive relief, and other equitable remedies where available and appropriate. We address enforceability of non-monetary awards. Declaratory Relief Declarations may resolve disputes without monetary awards. We pursue declaratory relief to establish rights, confirm obligations, and resolve uncertainties. We address the binding effect of declaratory awards. Costs and Fees Cost awards can significantly affect overall outcomes. We advocate for favorable cost allocation and attorney fee awards. We present cost evidence effectively and develop arguments for cost shifting. Remedial Limitations Certain remedies may be unavailable. We address punitive damages limitations, caps on liability, and other remedial restrictions under applicable law and arbitration agreements.Our Services
international_arbitration
Federal registration and validity opinions
procedure_evidence
Federal registration and validity opinions
enforcement_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
Tribunals can award compensatory damages including lost profits, consequential damages, reliance damages, and restitution. The specific types available depend on the applicable law, the arbitration agreement, and the nature of the claim.
Yes, arbitrators generally have the power to order specific performance unless the applicable law or arbitration agreement restricts this remedy. However, enforcement of specific performance orders may require court assistance.
Common methods include discounted cash flow analysis, comparable transactions, book value, and market-based approaches. The method depends on the type of loss, available evidence, and applicable legal standards for causation and foreseeability.
Yes, tribunals routinely award pre-award and post-award interest. The rate, compounding method, and accrual period depend on the applicable law and tribunal discretion. Interest can substantially affect the total recovery in long-running disputes.
Moral damages compensate for non-pecuniary harm such as reputational damage and are available in many legal systems. Punitive damages aim to punish wrongdoing and are controversial in international arbitration, with most tribunals declining to award them absent clear authorization.
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
