Arbitration, mediation and amicable dispute resolution

A dispute over a licence, a patent or know-how is not always resolved by a court decision. It may call for a commercial agreement, a mediation or an arbitral award. The choice depends on the relationship between the parties, the rights at stake, the countries concerned, the urgency and the outcome sought.

We assess these options with the client: preserving a cooperation, settling royalties, organising the end of a partnership, dealing with an international portfolio or bringing several proceedings to an end. This assessment may take place as early as the drafting of the contract, before any litigation or during proceedings.

Dhenne Avocats advises and represents parties in arbitral proceedings relating to intellectual property, licences and technology contracts, as claimant or respondent. The engagement covers preparation of the proceedings, written submissions, evidence, expert reports and hearings.

• Drafting or reviewing an arbitration clause and a submission agreement.
• Defining the scope of the dispute, the seat, the language, the applicable rules and the method of constituting the arbitral tribunal.
• Building the legal, technical and economic case, with the experts the matter requires.
• Organising the handling of sensitive information and coordination with any court proceedings.
• Anticipating issues of recognition and enforcement of the award.

For standard-essential patents and FRAND licensing, the scope may cover in particular the licence terms or the economic questions raised by a portfolio. The extent of what may be submitted to arbitration is examined in light of the rights concerned and the applicable framework.

Matthieu Dhenne also acts as an arbitrator in intellectual property and technology disputes. His patent litigation and licensing practice informs his understanding of the legal, technical and economic issues raised by these matters.

This role is distinct from representing a party: the arbitrator decides the dispute with independence and impartiality. Any appointment requires a check of conflicts of interest, availability and the requirements applicable to the mandate.

See Matthieu Dhenne’s profile.

The firm acts in mediations as counsel to the parties. We prepare the file and the negotiation objectives, assist the client during exchanges and meetings, and then contribute to drafting the agreement when a solution emerges.

The work begins before the first meeting: analysis of the positions, identification of the commercial interests, assessment of the risks and preparation of realistic proposals. We also help determine which information to share, who should take part in the discussions and the points on which an agreement is possible.

Mediation can preserve an industrial or commercial relationship and explore solutions that go beyond the mere payment of compensation: a licence, the adaptation of a contract, a technical transition or arrangements for continuing a partnership.

The firm also assists with direct negotiations, without necessarily involving a mediator. We prepare the proposals, discuss the concessions and draft the settlement agreements and licence agreements.

A workable solution must specify what is settled, each party’s obligations, the deadlines and the consequences of non-performance. We pay particular attention to the scope of the rights and territories, the treatment of pending proceedings, payments and confidentiality undertakings.

An initial discussion allows us to check for conflicts of interest and to clarify the dispute, the applicable contracts and the timetable. The scope of the engagement, the fees and the deliverables are then agreed in writing.

• An analysis of the available routes and how they fit with litigation.
• A negotiation or procedural strategy, tailored to the client’s objectives.
• Depending on the engagement, a draft clause, a mediation file, arbitral submissions or a draft agreement.
• Monitoring of deadlines, exchanges and implementation of the settlement reached.

Urgent measures and procedural time limits are reviewed separately, so that discussions can be coordinated with the preservation of rights.