As part of the 2025 Basel Winter Arbitration School, Leandro Toscano from the World Intellectual Property Organization Arbitration and Mediation Center will deliver a keynote on resolution of video games and esports disputes. The keynote will be delivered on Friday, 7 February 2025 at the Alte Universität building of the University of Basel. Attendance in person is by invitation only, but online attendance is free of charge and open to everyone. If you are interested to attend the keynote in the online format, please register here.
As the gaming industry, including competitive gaming (esports), continues to grow into a significant sector of entertainment, the potential for disputes is also increasing. From intellectual property (IP) issues to commercial conflicts, the industry requires efficient and specialized methods to resolve complex disputes. Alternative Dispute Resolution (ADR) mechanisms—particularly mediation, arbitration, and expert determination—have proven effective in addressing these challenges, offering a flexible and practical approach.
This keynote will explore the unique challenges that arise in esports disputes, including IP-related conflicts such as copyright infringements, and commercial disputes involving sponsorships, media rights, and licensing. The global nature of esports often brings together stakeholders from various legal systems, making mediation or arbitration especially suitable for resolving cross-border conflicts.
ADR provides parties in the video games and esports ecosystem the opportunity to resolve disputes outside traditional courts, offering a neutral, time-efficient, and confidential process. In an industry where international tournaments, sponsorships, and licensing agreements create intricate legal relationships, ADR offers a way to handle conflicts without the time-consuming and often inconsistent outcomes of litigation across different jurisdictions.
A key advantage of ADR is its adaptability. Parties can choose arbitrators or mediators with expertise in both the legal and technical aspects of gaming and esports, ensuring that decisions are based on a solid understanding of the industry. This characteristic allows for the resolution of disputes in a way that addresses not only legal concerns but also the unique dynamics of the esports business environment.
Confidentiality is another significant benefit of ADR, especially in such a highly competitive industry where public disputes can damage reputations and expose sensitive business information. ADR enables parties to protect their interests while focusing on collaborative solutions that can preserve and even strengthen their professional relationships.
While courts offer limited flexibility, ADR mechanisms can be tailored to meet the specific needs of the parties involved, whether in terms of speed, language, or the choice of applicable law. This is particularly useful in the international context of esports, where, as mentioned, cross-border disputes are common and the consistency and efficiency of enforcement are crucial.
This keynote will provide practical insights for video games and esports stakeholders on how to navigate dispute resolution processes effectively, ensuring their interests are safeguarded while fostering a collaborative and innovative gaming environment.
Leandro Toscano is the head of the Business Development and Digital Content Disputes Section at the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center in Geneva, Switzerland. He earned his law degree from the University of Buenos Aires and furthered his education with an LL.M. in International Dispute Resolution from both Queen Mary University and University College London. Additionally, he specialized in Intellectual Property and Information Technology Law at the Catholic University of Argentina. Before his current role, Leandro represented the WIPO Center in Singapore from 2011 to mid-2014. Prior to joining WIPO in 2008, he practiced law privately, focusing on intellectual property and information technology law.
