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Strategies for Using the IFTA Arbitration Process

By Peter Bertrand

More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.

Enter the Los Angeles-based Independent Film and Television Alliance (IFTA; www.ifta-online.org) stage right. The IFTA, formerly known as the American Film Marketing Association, has provided an arbitration forum for domestic and international film and television disputes for years. While IFTA is generally used to address contractual disputes involving the financing, production, distribution and marketing of film and TV projects, the reach of arbitration clauses in the film industry may be much broader than anticipated. IFTA arbitrations can result in quick and inexpensive dispute resolution, but there are pitfalls for the unwary. As such, parties need to be careful both in drafting arbitration clauses, and in spelling out which disputes will or will not be subject to arbitration. Parties also need to anticipate issues in establishing personal jurisdiction over all interested parties, the nature and extent of discovery, the types of disputes to be fast-tracked, and how to exercise control over obstreperous parties and their counsel.

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