Arbitrability Of Intellectual Property Disputes - Recent Developments

International arbitration provides, in theory, an attractive alternative to litigation for resolving cross-border intellectual property ("IP") disputes. Yet IP arbitration has not gained as much traction in practice as one might expect. One of the main obstacles to the ubiquity of IP arbitration is subject-matter non-arbitrability, and the traditional view that IP disputes, particularly disputes relating to the validity of registered IP rights, are not capable of settlement by arbitration. There are, however, trends indicating a progressive retreat from this position. This article discusses these trends, including certain recent developments in Hong Kong and their implications.

IP Disputes