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Published by horak. Attorneys at law / Patent attorneys
Archive · First published 2018-08-23. Editorial revision: 12 November 2026. The original date is retained; the text below distinguishes historical context from present-day application.
Technical disputes need a coherent account of contractual obligations and system behaviour. Court proceedings, arbitration, mediation and expert assessment each have different prerequisites and consequences.
How to use this archived article
Arbitration is not automatically faster or cheaper. The choice should consider the agreement, urgency, technical evidence, cost and enforceability. Independent evidence proceedings may be relevant where their legal conditions are met.
Questions for a current matter
Which contractual version and legal regime apply? What happened, when did the parties become aware of it, and which documents preserve the relevant facts? Identify the desired outcome and any procedural deadline before choosing a response.
Four practical examples
Illustrative scenarios, not reports of client mandates. The appropriate response depends on the facts and applicable law.
Software payment withheld
A customer refuses the final invoice because of defects. We analyse acceptance, defect evidence and contractual payment conditions.
Source code copied
A former contractor releases a competing product. We assess ownership, evidence and the prospects of interim protection.
Authority information request
A company receives a detailed request concerning an AI deployment. We preserve records, review scope and coordinate a defensible response.
Cross-border SaaS dispute
The supplier relies on a foreign forum clause. We assess jurisdiction, mandatory rules and practical enforcement before choosing a route.