"Baseball" or Final Offer Arbitration is a specific form of arbitration frequently adopted in the United States. But just as the rules of baseball are somewhat enigmatic to most European sports fans, baseball arbitration has been slower to catch on this side of the pond and elsewhere. Recently though, there have been signs that its use could become more prevalent in FRAND patent litigation. This article examines the basics of baseball arbitration, when it is a desirable alternative form of dispute resolution, and looks at why some consider it appropriate to resolve FRAND patent litigation.
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