Introduction
Media disputes frequently involve sensitive information: actor remuneration, unreleased scripts, acquisition prices, distribution arrangements and commercial negotiations.
Arbitration can therefore be attractive where parties value confidentiality, procedural flexibility and specialist adjudication.
Drafting the Arbitration Clause
A clause should identify the governing law, seat, institution or appointment procedure, number of arbitrators and scope of disputes covered.
Ambiguity can result in preliminary jurisdictional litigation.
Urgent Relief
Entertainment disputes may involve a film scheduled for release within days. A party may require urgent relief concerning confidential material, intellectual property or contractual exploitation.
The dispute-resolution structure should therefore account for urgent remedies where legally available.
Conclusion
Arbitration is not automatically superior to litigation. Its value depends upon the nature of the dispute and the contract.
For international entertainment agreements, however, a carefully designed arbitration clause can significantly reduce uncertainty concerning forum, confidentiality and enforcement.
