INTELLECTUAL PROPERTY • SCIENCE AND TECHNOLOGY
MEDIA AND ENTERTAINMENT • COMPETITION
ARBITRATION AND MEDIATION
Arbitration
Arbitration is now a well established method of dispute resolution in cases with a technical subject matter and those specifically concerning intellectual property, even where matters such as patent validity are in issue.
As it is a private method of settling disputes, chosen by the parties themselves and (usually) without recourse to the courts, the process allows for great flexibility in procedure and a lower level of formality. It also enables international disputes to be resolved in a single forum.
8 New Square and arbitration
Chambers has longstanding and extensive arbitration experience which reflects the diverse nature of the many different types of arbitrations that can be conducted.
Members of chambers regularly act for the parties in disputes and as arbitrators (whether as a sole arbitrator or as a member of a panel). 8 New Square has experience of dealing with arbitration disputes at all stages of the arbitral proceedings from their instigation, the terms of reference, procedural and substantive hearings to the final award.
Arbitration procedure
8 New Square has experience of arbitrations involving the 1996 Arbitration Act, ICC Rules of Arbitration, LCIA Rules, arbitrations applying Unidroit principles and also has experience of taking evidence under the IBA Rules of Taking Evidence in International Commercial Arbitrations. Members of chambers have also been involved in hybrid mediation/arbitration (Med-Arbs) under specially constructed rules and have also assisted in creating "bespoke" arbitral frameworks within which pan-European disputes have been resolved in copyright and patent areas.
International arbitrations
8 New Square has particular experience in conducting international commercial arbitrations, although members are often involved with wholly UK based cases. Some of these arbitrations involve dealing with aspects of the proceedings or evidence in foreign languages and often involve hearings in international locations, recently, Paris, Brussels, Amsterdam and Texas.
Subject matter
Recent arbitrations have included complex commercial contractual disputes, infringement and validity of intellectual property rights, trade mark and patent licence disputes and claims relating to intellectual property ownership.
Members of 8 New Square have been involved with arbitrations concerning a wide range of sectors including oil, transport infrastructure, electronics, cable television, telecommunications, fragrance and cosmetics, luxury goods, construction, computers and health care products.
Related areas
One member of chambers is a member of the WIPO Arbitration and Mediation Centre's list of Neutrals and the WIPO Arbitration and Mediation Centres Domain name panel and has acted as a panellist in the WIPO domain name dispute procedure carried out under the ICANN Uniform Domain Name Dispute Resolution Policy.
Mediation
Currently there are two CEDR-accredited mediators in Chambers - Mary Vitoria, Q.C. and Richard Meade. Both Mary and Richard are willing to accept instructions to act as mediators through mediation service-providers or directly through the clerks in Chambers.
Mary was accredited by CEDR in 2002 and is a CEDR Registered Mediator and CEDR Panel Member. She is an ACI Panel Member and an ADR-Chambers Panel Member and is a founder member of the IP and Media Group. Her main experience and expertise in relation to mediations is in the area of intellectual property.
Since May 2003 she has had experience of about 20 mediations and has acted as a privately appointed lead mediator in 13 IP mediations. These have been concerned with a wide range of subjects and industries including trade mark disputes in the financial services and IT sectors, design right disputes relating to medical equipment, flooring and domestic item designs, copyright disputes over ownership of celebrity photographs and patent disputes over allowability of amendments and negligence claims relating to patents. In some cases, the parties elected to try mediation before resorting to litigation whilst in others liability was not in dispute but quantum and the principles of assessment were. More details can be obtained from Mary's CV. She was a member of the working party set up by the Patent Office to assess the role of mediation in patent and trade mark disputes which eventually led to the setting up of the Patent Office Mediation Scheme. She is on the Patent Office List of Mediators.
Richard was accredited by CEDR in 2003. Since then he has had experience of mediations in fields including patent infringement disputes, patent licence disputes, design right disputes, trade mark disputes, joint venture disputes, and general commercial disputes. He has acted as lead mediator and assistant mediator on a number of occasions, and he has also represented parties during mediations, particularly in preparing mediation statements, developing strategies for successful mediation, and representing clients at mediations.
In addition to Mary and Richard, most members of chambers have experience of representing clients in mediations and preparing for mediation.