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Martin Discusses Innovative Arbitration Techniques in Technology Matters

April 16, 2021

Senior counsel Josh Martin presented at the ABA Dispute Resolution Spring Conference on April 16 as a panelist discussing arbitration techniques in technology matters. All members of the Exercising Opportunities for Control in Technology Arbitrations panel were members of the Silicon Valley Arbitration & Mediation Center’s Tech List. Martin is the only Delaware lawyer recognized on the Tech List.

Martin concentrates his law practice on mediation and arbitration. Prior to joining the firm in 2005, he was president and CEO of Verizon Delaware. Before his corporate career, he served as a Delaware Superior Court Judge for eight years. A physicist by training, Martin began his legal career as a patent attorney for Hercules, Inc.

The program addressed some of the most innovative structures, methods and techniques that can be used to re-think and refine arbitration as a dispute resolution alternative, particularly for disputes involving science, technology and IPRs. The panel discussed arbitration methods and techniques that are especially useful for technology-based arbitrations including choosing a panel with expertise; developing a procedural road map and timelines for the case; addressing confidentiality; options for taking expert testimony; defining technical terms and providing tutorials on science; managing discovery; phased approach / motion practice and interim awards to narrow issues and provide feedback to parties; other case management techniques to permit procedural flexibility and scope to exercise fair and practical control during arbitral process.

For more information about the program, visit the ABA’s website.