Best Quantitative Research

Arbtration versus Expert Determination

Introduction

The increase in both national and international disputes in the last two decades saw the beginning of dispute resolution where parties move out of the national courts to resolve their disputes out of the litigation of national court. Arbitration and expert determination are among the main types of alternative dispute resolutions used for consumer, trade and international trade disputes. The growth of international trade involves technical or scientific and opens the door to substantial opportunities and risks. The major way corporations could employ to manage their risks and protect their investments is to apply the effective conflict resolutions to settle their disputes between the contending parties through the process of arbitration or expert determination. 1 Since, the inception of internet, there is an increasing trend in IP disputes and technical and specialised nature of IP call for people knowledgeable in the technical nature to resolve the disputes through the expert determination. Meanwhile, expert determination is the procedure in which the disputes of technical, scientific or related business nature are submitted to the experts, knowledgeable in the field to make determination on the referred matter. Example of expert determination is World Intellectual Property Organisation. 2 A determination of WIPO is biding on the parties unless the parties agreed otherwise. On the other hand, arbitration is the procedure in which the dispute is submitted to one or more arbitrators who make a binding decision on a dispute.......

1. G. Lagerberg & L . Mistells, International Arbitration Corporate Attitudes and Practices. Queen Mary, University of London .2008
2 .World Intellectual Property Organisation : What is Expert Determination. IP Service, Geneva 2008.

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