As global commerce continues to expand, the volume of cross-border disputes regarding commercial and intellectual property disputes has increased substantially. Contract, business and intellectual property disputes are protected by laws which might vary from region to region. The question naturally arises as to the proper forum to handle international litigation between parties located in different countries and across cultural divides. Alternative Dispute Resolution (“ADR”) allows interested parties to explore options, beyond traditional judicial intervention, to handle global commercial and intellectual property disputes.
This article provides an overview of the benefits of ADR to international intellectual property and commercial disputes, and argues that ADR and the support of world intellectual property organizations offers a proper medium to address the unique substantive and procedural issues of international litigation.