Are IP Disputes Arbitrable In India? And To What Extent?

The Alternative methods of dispute resolution have eventually acquired a huge popularity and utility in the commercial and business- commerce sector. One of the most utilised methods is the arbitration, most of the parties associated with the commercial transaction nowadays prefer to opt for arbitration for the settlement of any kind of dispute. Arbitration in particular works especially well in the areas of commercial and international disputes as a quasi-judicial system developed to counter the snags of litigation and an over burdened judiciary.¹

Over the years, the law of arbitration in India from the 1940 Act to 2015 Amendment Act has developed a lot thereby lessening the involvement of courts and providing friendly and effective rules for better and independent arbitration. Though 'arbitration' is nascent, still evolving, and yet to gain a foothold in India.