Brussels, 28 October 2025
On Tuesday 28 October, the ACLP Board organised a training in Brussels for the ten arbitrators appointed to assist parties in concluding a licensing agreement when negotiations over royalty fees reach an impasse.
The ACLP has implemented a distinctive “baseball arbitration” mechanism, under which three arbitrators (two chosen by the parties + one jointly) determine which of the two proposed royalty fees — one from each Party — is closer to the true market value of the patented trait under negotiation. Unlike conventional arbitration, there is no compromise option.
The diverse panel of arbitrators includes experts from both the public and private sectors, bringing together experience in intellectual property law and the seed business.
To test the system, arbitrators and ACLP members role-played mock cases, helping to fine-tune the process and highlight its effectiveness as an incentive for parties to agree before reaching the final arbitration stage.
“This is a brutal and risky process for Parties, as arbitrators will have to say black or white. There is no middle ground possible.”
John Bloomer, one of the ten arbitrators.
The ACLP plans to regularly organise similar trainings to maintain the readiness of its arbitrators and uphold members’ confidence in the fairness and integrity of the process.
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