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ARTICLE · 05 DECEMBER 2011

No-Fuss Arbitration Proceedings — Can Also Be Used In Intellectual Property Right Infringement Cases

While disputes in the area of company law are regularly determined by arbitration tribunals, many companies fail to use this instrument for disputes involving commercial intellectual property law.

GermanyLitigation, Mediation & Arbitration
Christof Augenstein
Christof Augenstein

While disputes in the area of company law are regularly determined by arbitration tribunals, many companies fail to use this instrument for disputes involving commercial intellectual property law. They could also benefit from the advantages of arbitration in this area, in particular by resolving a dispute with as little "fuss" as possible and without major media interest. Even questions concerning the invalidity of commercial intellectual property rights can be decided in a way that is binding on the parties.

Major international enterprises rely predominantly on arbitration tribunals for their legal disputes. In particular when it comes to disputes under company law, companies value the discretion of arbitration proceedings compared with a public court case with the associated interest of the media and the general public. It is rare for the public to even be aware of disputes that go to arbitration, such as, for example, the dispute about the departure of Siemens

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