Arbitrations Are Decided On Their Merits, Not Technicalities, Assuring Consumers of Procedural Fairness
Judges are specialist lawyers. They don't have to know much about anything except the law. They might know a lot about legal tricks and technicalities however. Lay arbitrators are often specialists in something else, like the IT industry or engineering or buildings. net-ARB engages those same specialist and Internet-commerce arbitrators to ensure that your dispute is settled quickly and fairly, without resort to legal tricks.
Microsoft had a surprise win against Lucent Technologies back in April 2006 in a fight over a patent infringement suit. At the centre: Microsoft's Xbox 360 game console, and Lucent patent number 5,227,878, for "adaptive coding and decoding of frames and fields of video," Microsoft used the technology in the embedded MPEG-2 decoding capability within its Xbox 360 console. A previous suit filed by Microsoft in 2003 seeking a declaratory judgment of non-infringement was granted a summary judgment on a technicality due to a 'typo' in the patent. Lucent says it has corrected the error and received an official patent correction notice from the USPTO.Under the procedural fairness rules of an arbitration, designed to prevent parties returning to re-litigate essentially the same facts, Microsoft could not have won on a technicality.