Introduction
International entertainment disputes can combine contractual, intellectual-property, tax and reputational issues.
A disagreement over one film may therefore involve several jurisdictions and multiple contractual relationships.
Selecting the Forum
Parties should decide whether disputes will be heard by courts or arbitration and identify the appropriate seat.
Confidentiality
Entertainment businesses often have legitimate reasons to protect information concerning budgets, celebrity contracts, scripts and unreleased projects.
Arbitration may be commercially attractive where procedural confidentiality is available under the applicable framework.
Enforcement
The parties should also consider where an eventual award or judgment will need to be enforced.
Conclusion
International arbitration should be designed rather than copied into a contract as a standard clause.
The correct mechanism depends upon the parties, assets, governing law, urgency, confidentiality requirements and likely enforcement jurisdictions.
