1
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2
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• It is almost a truism to state that arbitration
  is better than litigation, conciliation better
  than arbitration, and prevention of legal
  disputes better than conciliation.
• Clive Schmitthoff
• Export Trade, The Law and Practice of
  International Trade

3
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• Breach of contracts e.g. disputes under a
  licensing agreement
• Licensor and licensee in different jurisdictions
• Choice of Law Clause, the applicable law, the
  governing law
• Choice of Forum Clause (Which court shall
  exercise jurisdiction over the dispute)
• Arbitration Clause
• Dispute Resolution Clause

4

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• Ad Hoc Arbitration and Institutional Arbitration
• Institutional Arbitration with its own rules See
  UNCITRAL Conciliation Rules and UNCITRAL
  Arbitration Rules
• Some of the Arbitration Centres
• ICC (International Chamber of Commerce) -Paris
• London (London Court of International
  Arbitration)
• AAA (American Arbitration Association) New York
  
• CIETAC (China International and Economic Trade
  Arbitration Commission)
• Singapore (SIAC) Hong Kong (HIAC) Kuala Lumpur
  (AALCC)
• Vietnam, Laos, Bangkok (TAI)

5
Model conciliation Clause

• Where, in the event of a dispute arising out of
  or relating to this contract, the parties wish to
  seek an amicable settlement of that dispute by
  conciliation, the conciliation shall take place
  in accordance with the UNCITRAL Conciliation
  Rules as at present in force.

6
Model Arbitration Clause

• Any dispute, controversy or claim arising out
  of or relating to this contract, or the breach,
  termination or invalidity thereof, shall be
  settled by arbitration in accordance with the
  UNCITRAL Arbitration Rules as at present in
  force.
•  

7

ADR and Resolution in IP Disputes

• The most successful IPR dispute resolution
  through ADR
• WIPO domain name dispute resolution by
  arbitration
• WIPO Arbitration and Mediation Center
  (http//arbiter.wipo.int/domains)
• Cyber squatting
• honda.com, cocacola.com, toyota.com, bmw.com
• juliaroberts.com,
• Defamation or freedom of expression?
• viagrasucks.com
• Possible dispute resolution mechanism for
  e-commerce transactions where the amount in
  dispute is low and jurisdictions diversified?