Dispute Resolution Clauses in International Sponsored Research Contracts

Authors

Dennis Lazarev, Pearl Cohen Zedek Latzer & Baratz

Abstract

Pharmaceutical companies are the greatest non-governmental sponsors of biomedical research in academia. Increasingly they sponsor foreign entities, typically universities or non-commercial research institutions. Another type of cross-border sponsorship occurs when two research institutions engage in a collaborative research effort. In either case disputes may arise. The most common types of disputes are the rights to the intellectual property developed in the course of sponsored research, and the scope of research activities that an agreement covers. Parties to these cross-border sponsorship arrangements have rarely incorporated dispute resolution clause in their contracts. This Article will argue that arbitrationis an approach far superior litigation for achieving enforceable results. This Article will examine different methods of dispute resolution in the context of cross-border contracts and suggest an approach that is optimal for achieving an enforceable result.

Disciplines

Comparative and Foreign Law | Contracts | Dispute Resolution and Arbitration | International Law | International Trade Law | Law

Recommended Citation

Dennis Lazarev, Dispute Resolution Clauses in International Sponsored Research Contracts, 16 Cardozo J. Conflict Resol. 585 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss2/8