Dispute Resolution In International Science and Technology Collaboration David Rosenberg, GlaxoSmithKline April 26, 2005

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Dispute Resolution In International Science and
Technology CollaborationDavid Rosenberg,
GlaxoSmithKlineApril 26, 2005
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Technical factors to consider in deciding whether
to litigate or use ADR

• Quality of resolution process
• Cost of resolution process
• Speed of resolution process
• Confidentiality of the resolution process
• Territorial considerations
• Impact of the resolution process on future
  disputes

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What do the parties want - the business need
driver

• Do both parties want a win/win or win/lose?
• Do both parties want a business or a legal
  resolution?
• If either party really wants win/lose or legal
  resolution, litigation may well be the only way
• If both parties want/are willing to try to reach
  a win/win business resolution, what is the best
  means of achieving this?
• Can the best means of resolving the dispute be
  identified in advance or is it best identified in
  the context of the specific dispute?

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What drives the business need?

• Whether there is an emotive element to the
  dispute theft or I no longer trust my
  partner cases
• Is vindication of position needed? I am right
  and I want the world to see it
• Is litigation needed to prove I am strong/ will
  ADR be seen as a sign of weakness by the other
  party or 3rd parties?
• Will the dispute impact future commercial conduct
  or position of a competitor?
• Is there an ongoing relationship which both
  parties wish to protect?

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ADR in IP agreements and disputes in the UK

• Lambert Review of University-Business
  Collaborations and Lambert Agreements
• www.dti.govt.uk/lambertagreements
• Judicial encouragement of mediation before or
  during litigation in UK in future?

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GSK practice

• Rarely have ADR clauses in agreements as reduce
  flexibility
• De facto engage in informal ADR in most
  collaboration agreement disputes seek to
  anticipate and resolve at business level (often
  before dispute crystallises) rather than litigate
  
• Rarely litigate because in fact reach
  business-driven dispute resolution