Conflicting dispute resolution clauses: which forum?

The purpose of a dispute resolution clause is to provide for a process through which disputes can be resolved.  However problems can arise where the parties enter into multiple agreements with conflicting dispute resolution clauses.  For example, if one agreement provides for resolution of disputes in the English courts, but another agreement between the same parties in connection with the same subject matter provides for resolution of disputes by ICC arbitration in Italy, where should the parties litigate?

Employment

Protecting an employer's good name

The reputation of a business is one of its most important assets. It is the basis for building, and, crucially, maintaining relationships with customers, suppliers, investors, employees and public authorities... 

Trade mark

Overview of interim relief in trademark actions across Europe

With so many businesses operating across borders, the ability to obtain interim relief on a pan-European basis is an extremely powerful remedy. However, brand owners should consider shopping around for the most favourable forum.

IP

Industry standards - patently a good thing?

At first glance, patents and standards may seem contradictory. While patents define a temporary monopoly, standards aim to achieve collaboration and a level playing field. However, both patents and standards play an important role in fostering innovation: patent protection drives innovation by incentivizing investment in R&D and ensuring knowledge transfer - standards drive innovation by establishing interoperability between products and facilitating market adoption of new technologies.