The relevance of intellectual property in business is on the rise, in particular concerning cross-border transactions. Accordingly, the willingness to defend such rights is also becoming stronger. Disputes concerning intellectual property rights are traditionally mainly dealt with before national courts. Yet, in recent years there has been a considerable shift towards arbitration. The acknowledgement that…

Arbitration of IP disputes has inherent advantages of saving time and costs and ensuring confidentiality while also maintaining long-term business relations (see here). In India, arbitration will be especially useful in light of the enormous pendency of judicial cases. However, arbitrability of any subject-matter is dictated by a country’s public policy. In India, what forms…

In the first part of this article, we discussed the problems of balancing an investor’s intellectual property rights with the sovereign right of a State. Now, we look at how Philip Morris v Uruguay has added to the debate. In 2010 Philip Morris challenged two measures adopted by the government of Uruguay: (1) a “single…

The constructive framework of ISDS was intended to promote investment and growth through the establishment of a stable and predictable atmosphere for investment. However, some have argued that this purpose has been warped to allow a small group of private individuals to rule on public matters. Arbitrations such as CMS v Argentina, Tecmed v Mexico,…

A recently released study on technology sector dispute resolution highlights significant distinctions in the sector’s perceptions of US domestic and international arbitration. The study conducted by the Silicon Valley Arbitration & Mediation Center (SVAMC), a non-profit educational foundation based in Palo Alto, California, was directed to understanding technology sector views regarding litigation and arbitration. The…

As Hong Kong enters the year of the Rooster, its arbitration community can look back on a year of the Monkey in which the territory’s institutions and authorities implemented a number of initiatives aimed to promote arbitration, and its courts rendered several pro-arbitration decisions. Third party funding for arbitration in Hong Kong In November 2016,…

The 2016 International TMT Dispute Resolution Survey, sponsored by Pinsent Masons LLP, is the seventh survey carried out by the School of International Arbitration since 2006. It is part of a major investigation into international dispute resolution practices and trends worldwide. This year’s survey, the largest industry-sector empirical study ever conducted in international arbitration, sought…

As discussed in an earlier post, the Court of Justice of the European Union confirmed that its function is not to review findings of an Arbitrator or his interpretation of a Patent License Agreement: Genentech, Inc. v Hoechst GmbH/ Sanofi Aventis GmbH, Case C-567/14 (Judgment of the Court: 7 July,2016). 1. The Facts The terms…

On a reference from the Cour d’Appel de Paris, A.G. Wathelet upholds the primacy of an arbitral award as compatible with Art.101 TFEU in Genentech, Inc. v Hoechst GmbH / Sanofi-Aventis GmbH, Case C-567/14 (Opinion of Advocate General Wathelet: 17 March 2016). 1. The Facts 1.1 The Patent License In 1992 a predecessor of Hoechst/Sanofi-Aventis…

Arbitration of patent disputes in the United States is on the rise. While, perhaps, somewhat behind the U.S. in that respect, the evidence is that this pattern is being paralleled in Europe. Indeed, there is reason to believe that the volume has already significantly increased over the past few years and is likely to increase…

The arbitration of patent disputes is on the rise. This is not only because patent litigation has been subject to criticism on multiple grounds, but also because arbitration offers several distinct advantages. In an effort to further explore this growth field, the Georgetown International Arbitration Society hosted a panel on the subject as a part…