Arbitrability

Refers to two issues, whether: a claim can be subject to arbitration, or is precluded from arbitration under national or local law, sometimes referred to using the German expression kompetenz-kompetenz (competence-competence) which orginainated in the German Supreme Court; or the...

Arbitrability

...an issue for the courts, usually those of the seat of the arbitration an arbitration tribunal is usually expected to rule on its own capacity to hear the dispute, a practice known as competence-competence or komptenz-kompetenz as an early matter....

Domain Name

...or Internet domain including its local hostname and its domain name and a top-level domain (“TLD”) such as .com, .uk, .org, etc. Domain names have become a valuable IP asset of companies, particularly those bearing certain TLDs such as .com....

Zippo Test

A basis for US court “personal jurisdiction” in Internet related cases set forth in Zippo Manufacturing Co. v. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) which held that a court in a first US state or...

Compliance Testing

...FCC electromagnetic interference standards, and more. It is usually not legal to sell products that do not comply with the mandatory standards applicable in a given jurisdiction. A good summary of the EU approach to standards is available from www.newapproach.org....

Net Receipts

Entertainment and movie industry jargon for the revenue a production generates after the deduction of expenses. Through the “wonders” of entertainment industry accounting, this amount is almost inevitably zero, or indeed a negative amount or loss, whether the production was...

Net Participation, Share of the Net

...the studio lot, and whatever else the studio or production company’s bookkeepers and accountants can think of. As a result, such an arrangement means that when a recipient gets a share of the net receipts, it typically means zero (or...

Pfaff v. Wells

Wayne Pfaff was an unusually brilliant engineer who established the company Plastronics which specialised is developing and manufacturing test and burn-in sockets, especially zero insertion force (ZIF) sockets, which are used to test semiconductor ‘chips’ and sometimes burn-in programming, without...

Maximalist Negotiator, Negotiating Position

...negotiators tend to see this approach as a demonstration of strength and sophistication, other negotiators tend to see it as an indicia of lack of experience, lack of confidence, weakness and dubious competence. A more typical approach to negotiation is...

Certified Translation

...a approved translator is registered by language pairs. Being an official translator or interpreter is often a lucrative business – which means that in some jurisdictions, actual competence is not the main criteria for securing the credential – in these...