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Fourth Circuit Weighs In on Whether International Commercial Arbitration Panels Are Tribunals

An important question in international commercial arbitrations—whether parties have a statutory means to take discovery in the United States—has been addressed by another U.S. Court of Appeals, paving the way for the Supreme...more

Confidential Arbitration Award in Dispute Between Phosphagenics and Mylan

In our update earlier this year, we discussed some of the advantages of arbitration in resolving intellectual property (IP)-related disputes. A recent press release published by the Melbourne-based Phosphagenics highlights...more

We Agreed to What? Lessons From a Recent Federal Court Decision on Arbitrability

Cutting corners in a rush to conclude a lucrative business deal may lead to a contract that misses important legal terms and conditions, such as an arbitration clause, that the company actually intended to include in the...more

Top 5 Reasons For Life Sciences Companies To Use International Arbitration For Intellectual Property Disputes

Arbitration continues gaining popularity for resolution of cross-border disputes. A 2013 PricewaterhouseCoopers survey shows that 52% of the respondents preferred international arbitration to court litigation and mediation....more

2nd Circuit Tilts the Scale in Favor of Discovery in Aid of Arbitration

The recent decision by the United States District Court for the Southern District of New York in In re Ex Parte Application of Kleimar N.V., No. 16-MC-355, 2016 WL 6906712 (S.D.N.Y. Nov. 16, 2016) (“Kleimar”), which allowed...more

2017 Hot Topics in International Arbitration for Life Sciences Companies: Third-Party Funding

Intellectual property often is the most valuable asset of a growing life sciences company, and when IP becomes the subject of a dispute, companies may lack the means to protect their rights which, in turn, could adversely...more

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