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Disputes in the technology industry: Q&A for Practical Law (UK)

05 May 2022 | UK
Legal Briefings – By Rachel Lidgate, Andrew Moir, Martin Hevey, Kate Macmillan, Peter Dalton, Heather Newton and Rachel Montagnon

Our technology disputes practitioners have recently published a Q&A in Practical Law on Disputes in the Technology Industry (see here for subscribers and here for a pdf) 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

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