THE UBIQUITOUS silicon chip is in our cars, our homes, our businesses and just about every area of commercial, industrial and domestic life. So it’s no wonder that when things go wrong, fingers are pointed at electronics and built-in software.
It’s also no surprise that disputes find their way into every type of resolution forum from mediation through arbitration and litigation in jurisdictions throughout the world.
Nowadays, much of the design of electronic products is done by design houses rather than by the brand owner of the product, and most manufacturing is subcontracted, often to lowcost overseas factories. All this means that there are plenty of opportunities for complex disputes to arise in design or manufacturing negligence, contracts, tort and intellectual property.
For example, experts from Innotec have recently been involved in cases ranging from malfunctioning power stations and sinking ships through to the intricacies of what goes on at the microscopic level inside silicon chips or what damage smoke and water can really do to computer equipment.
All these cases had one thing in common – the need for an expert with current leading-edge experience in the electronics industry who is also an excellent communicator.
The task for an expert is essentially twofold:
1 Identify the root of the problem. This may involve detailed forensic engineering using sophisticated test and measurement techniques, but it is only after the source of the problem is traced that a proper case can be developed. Too many cases founder because parties failed to do the up-front engineering early enough in the process. Getting the technical facts straight early on prevents cases from falling apart at a later stage.
2 Just as important is the presentation of complex technical issues in a way that non-technical people such as juries and judges (and, dare I say, even solicitors and barristers) can understand. The language of electronics is unique and incomprehensible to the layman, so having an expert who can translate it is vital.
Opportunities for early resolution are, fortunately, extensive. Taking a complex commercial case all the way to court is an expensive option which is normally open only to those certain of their ground and with deep pockets.
Mediation is becoming a successful alternative, which can also leave commercial relationships intact, but it requires a mediator who is not blinded by technical complexity. This is why Innotec has experienced commercial mediators who are also world-renowned electronics experts.