A French biotechnology company, which holds several process patents for obtaining and cleaning a link with medical purposes, has entered into a licensing and development agreement with a large pharmaceutical company. The pharmaceutical company had extensive expertise in the medical application of the substance in connection with the biotech company`s patents. The parties have included in their contract a clause stipulating that all disputes arising from their agreement will be settled by a single arbitrator in accordance with WIPO`s arbitration rules. On the proposal of the arbitrator and with the agreement of the parties, the arbitrator convened a conciliation conference in Geneva (Switzerland), after reviewing the subsequent submissions, during which he conveyed to the parties his preliminary conclusions on the subject in question. No written notes were sent to the parties regarding the submissions thus provided. Although the parties did not resolve the matter immediately, they were able to do so after further discussions in the weeks that followed. The European developer agreed to pay a certain amount and return the bank guarantee to the Asian company which, in turn, agreed to transfer relevant intellectual property rights to the developer. Consumer advocates have fought against the company`s practice by requiring consumers to sign arbitration agreements because consumers generally do not know they have waived their litigation rights and because arbitration decisions favour consumers by company (for more information on disputes that are routinely resolved through mediation , see also employee complaints: most disputes are resolved in arbitration proceedings or disputes?). As part of an investigation into 19,000 mandatory California arbitration proceedings, handled in 2003 by arbitrators appointed by the for-profit National Arbitration Forum (NAF), the nonprofit group Public Citizen found that companies won 94% of consumer lawsuits.
PandaTip: Using public opinion to put pressure on the other side is too often when two parties have differences of opinion. This section of the submission expressly prevents one of the parties from disclosing information about the subject in question or related agreements until the arbitrator has made a final decision. PandaTip: Most agreements have a compromise clause stating that any difference of opinion related to the agreement should not be settled in court, but by a neutral arbitrator. This proposal aims to regulate the terms of such an arbitration procedure. The following individuals have been selected to provide advice and arbitration procedures for this agreement. No third party may be included in this arbitration agreement unless prior written consent has been obtained between the parties. Following litigation in several jurisdictions, two U.S. companies agreed to submit a dispute over the alleged infringement of a European consumer goods patent to WIPO arbitration. The tender agreement provided for the application of national patent law of a given European country and compliance with deadlines for patent disputes in that country.