Mr. Bender serves as an arbitrator in domestic and international commercial arbitration. He teaches alternate dispute resolution law at the Washington College of Law, American University, in Washington, D.C. A retired member of Dow Lohnes PLLC, he practiced law for nearly 35 years, advising companies in many different high-tech industries. Prior to joining Dow Lohnes, Mr. Bender served as a law clerk to the Hon. James R. Durfee of the U.S. Court of Claims (now the U.S. Court of Appeals for the Federal Circuit). Mr. Bender can be reached by telephone at 202-776-2758 or by e-mail at RBender@DowLohnes.com.
Which process— arbitration or litigation— provides for expert decision makers and awards that are enforceable globally? Which would best protect your high-tech business?
High-tech businesses should look to arbitration when they have commercial disputes because arbitration’s core features respond in a compelling way to the needs of the high-tech community for expert decision makers. The term “high technology” (or the shorter version—“high-tech”) is routinely used in modern vocabulary, but the meaning is hardly precise. Even dictionary definitions are quite general. One defines “high technology” as “technology that uses highly sophisticated equipment and advanced engineering techniques,” such as microelectronics, genetic engineering and telecommunications.1