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PLAYBOOK TEMPLATES
Technology Transfer Agreement
A Technology Transfer Agreement facilitates the sharing or commercialization of proprietary technology between parties. This playbook provides guidance on ownership rights, confidentiality, and obligations to support the transfer process.
Dispute Resolution Procedures
Negotiation strategy
Ensure the dispute resolution clause specifies a neutral jurisdiction and efficient process to minimize costs. Advocate for arbitration over litigation to maintain confidentiality.
Negotiate for a jurisdiction that is favorable to your business operations. Consider mediation as a first step to resolve disputes amicably.
Essential elements
1
Governing Law
Specifies applicable legal framework.
2
Venue
Designates location for dispute resolution.
3
Remedies
Outlines enforceable solutions.
Action framework
ACCEPT
Propose edits if the jurisdiction is not neutral or if the process is inefficient.
EDIT
Reject if the clause imposes unfavorable jurisdiction or lacks enforceable remedies.
ADD
Add language specifying arbitration in a neutral location with enforceable remedies.
PRO TIP
Always verify that the dispute resolution method aligns with your business's strategic goals and minimizes potential litigation costs.
Real-world examples
FAVORABLE
Preferred Neutral Jurisdiction
"Any disputes arising under this agreement shall be resolved through arbitration in [Neutral Location], governed by the laws of [Neutral Jurisdiction]."
NEUTRAL
Fallback Neutral Jurisdiction
"Disputes shall be resolved through mediation followed by arbitration if necessary, in [Neutral Location]."
UNFAVORABLE
Unfavorable Jurisdiction Clause
"Disputes will be resolved in the courts of [Non-Neutral Location], under its local laws."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure the dispute resolution process is robust and includes multiple layers of resolution, such as mediation followed by arbitration.
Cross-Border Transactions
For cross-border transactions, prioritize arbitration in a neutral jurisdiction to avoid bias and ensure enforceability across borders.
Technology Licensing
In technology licensing, consider expedited arbitration to quickly resolve disputes and minimize disruption to ongoing operations.
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