Among technology-related agreements, licenses most frequently give rise to disputes (25% of Respondents). R&D agreements rank second (18%), followed by NDAs (16%), settlement agreements (15%), assignments (13%), and M&A agreements (13%).
Cost and time are the principal considerations when negotiating dispute resolution clauses, both in domestic and international agreements.
Time and cost varied widely by country. Average estimated time and cost reported in the survey:
- Mediation – 8 months; less than $100,000 (USD)
- Arbitration – 1 year; about $400,000
- Litigation – 3 to 3.5 years; $475,00 (home jurisdiction) to $850, 000 (foreign jurisdiction)
IP Neutrals of Canada 