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November 2026

  /  2026

Key takeaways •       The choice is made when you sign: Arbitration depends on agreement. Once a valid arbitration clause covers a dispute, an English court must stay court proceedings brought in breach of it, save in narrow cases. •       Neither forum is always better: Arbitration offers privacy, a choice of decision-maker and easier enforcement in many countries. Litigation offers public precedent, powers

Key takeaways UK: Commercial AI training generally requires a licence or an applicable exception. The UK text-and-data-mining exception covers only non-commercial research, and the Government has stepped back from introducing a broader exception. EU: Text and data mining of lawfully accessible material is permitted for commercial purposes unless the rightsholder has opted out, and providers of general-purpose AI models have

Key takeaways Words decide outcomes: English courts generally hold commercial parties to the risk allocation they agreed. Recent technology cases show that small drafting differences can change recoverable damages by millions of pounds. Three moving parts: Most clauses exclude certain types of loss, cap what remains, and carve out liabilities that sit outside the cap. Each needs to be drafted,

Key takeaways Chain of title: Founders, contractors and external CTOs own what they create unless they have signed a written assignment. Gaps are common in early-stage AI companies and are best closed before completion. What is really owned: Much of an AI company’s technology may be licensed rather than owned, including foundation models, open-weight models and open-source software. Their terms

Key takeaways UK: The UK expressly protects “computer-generated” works with no human author in the traditional sense, but how this applies to generative AI is uncertain, and the Government has proposed removing the protection. US: US copyright law requires a human author. Purely AI-generated material is not protected, although human selection, arrangement or modification of AI output can be. EU: