The specialized expertise of decision-makers is by far the most important benefit of using arbitration rather than litigation to resolve disputes in technology-related companies, according to a new study of corporate and outside counsel, neutrals, and executives of leading technology.

Time to resolution and privacy and confidentiality are the second and third most-valued qualities of arbitration.

This same group rated its three chief critical concerns with using litigation to resolve tech disputes as cost, time to resolution, and inexperienced or unqualified judges.

The study was conducted by the Silicon Valley Arbitration & Mediation Center (SVAMC), a not-for-profit organization that works alongside technology companies with the mission of promoting effective, efficient resolution of technology-related business disputes. Also participating was the Global Technology Dispute Resolution Council (GTDRC). The purpose of the study was to identify the principal impediments parties to technology disputes had with litigation and, by contrast, the benefits they found in utilizing arbitration for these matters.

The rest of the named attributes of arbitration are:

4. Streamlined process/limited discovery.
5. Flexible procedures/party autonomy.
6. Multi-national enforcement of awards.
7. Cost.
8. Optional arbitral appellate procedures.
9. Availability of emergency relief.

For details of the report, visit SVAMC 2017 Survey Report.

Arbitration vs Litigation

Three main strengths of arbitration:

  • Specialized and expert decision-makers: 76% of respondents 
  • Time to resolution: 54% 
  • Privacy and Confidentiality: 41%

Three chief problems with litigation:

  • Cost: 64% 
  • Time to resolution: 57% 
  • Inexperienced or unqualified judges: 46%

Registration closes today at 5:00 PM ET

Who Should Attend: Arbitrators, advocates, academics, and anyone interested in the dynamics of arbitration.