Volume 14 (2018)
Volume 14 (2018) / Issue 1
Mohamed H. Negm, Huthaifa Bustanji, 'Particularity of Arbitration in International Intellectual Property Disputes: Fitting Square Peg into Round Hole' (2018) 14 Asian International Arbitration Journal, Issue 1, pp. 89–116
With the world more and more dependent upon technology of all types, the continued and growing importance of intellectual property cannot be understated. There has been, and will continue to be, an accompanying explosion in the number and complexity of transactions in which intellectual property is a critical, if not the critical, element. Many of these transactions cross national boundaries; as do the disputes which inevitably arise from them. This article will serve as a handy reference and guide for navigating through the complex maze of intellectual property and arbitration. The main characteristics of intellectual property disputes and the results offered by domestic litigation and arbitration are scrutinized in this article. It starts by exploring how and why arbitration can provide a better way to resolve these disputes. It then deals with the issue of arbitrability of intellectual property disputes with special emphasis placed on public policy rationales. Finally, the questions of the applicable law and limitations to party autonomy are adequately addressed.
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