HSF technology disputes practitioners Andrew Moir, Rachel Lidgate, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton and Rachel Montagnon have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for pdf and here for subscribers) covering all aspects of disputes in the sector including current and future trends.

In the Q&A, the team gives a high-level overview of

  • typical types of claims in the technology sector,
  • wider economic, regulatory or political factors that make disputes of any kind more or less common in the sector
  • which issues give rise to the most disputes in the sector
  • what proportion of disputes between parties become the subject of dispute resolution proceedings
  • any unusual time limits for starting a claim
  • who the parties to a dispute in this sector typically tend to be
  • the balance in terms of bargaining power and financial circumstances between parties
  • how disputes typically resolved in this sector
    • which courts, arbitral bodies or other organisations commonly deal with disputes
    • what factors are most likely to influence the choice of dispute resolution method
    • what the most commonly used alternative dispute resolution (ADR) methods (adjudication, mediation, ENE, expert determination, dispute boards) are
    • requirements in the sector for a particular type of dispute resolution regime
    • sector-specific procedural rules that apply
    • dispute resolution methods used, costs and funding issues, settlement, judgments and remedies and any other specific dispute resolution issues
    • to what extent do the parties expect to be able to control the procedure and timetable for disputes in the sector
  • interim applications
  • use of experts
  • appeals
  • costs and funding (including third party funding)
  • enforcement of judgments
  • forum shopping
  • trends in the sector
  • class actions
  • future developments that will impact on litigation in this sector

For more information, please contact Andrew Moir, Rachel Lidgate, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton, Rachel Montagnon, or your usual Herbert Smith Freehills contact.

Andrew Moir
Andrew Moir
Partner, London
+44 20 7466 2773
Rachel Lidgate
Rachel Lidgate
Partner, London
+44 20 7466 2418
Martin Hevey
Martin Hevey
Senior Associate, London
+44 20 7466 2631
Kate Macmillan
Kate Macmillan
Consultant, London
+44 20 7466 3737
Peter Dalton
Peter Dalton
Senior Associate, London
+44 20 7466 2907
Heather Newton
Heather Newton
Senior Associate, London
+44 20 7466 2984
Rachel Montagnon
Rachel Montagnon
Professional Support Consultant, London
+44 20 7466 2217