Arbitrability of IPR Disputes in India: 34(2)(B) or not to be

By Vishakha Choudhary Research Assistant at the Chair of Prof. Dr. Marc Bungenberg, Europa-Insitut 

Introduction

The juxtaposition of laws that seemingly operate in different domains has posed a continual challenge to arbitration – conventionally, in the form of concerns over arbitrability of disputes. Here, arbitrability connotes the notion that a dispute, by its nature, is capable of being adjudicated beyond public fora, through a private tribunal chosen by parties. This ‘objective’ arbitrability differs from ‘subjective’ arbitrability, which is the scope of arbitrable disputes as defined in an arbitration agreement. This post deals with objective arbitrability. In the context of intellectual property rights (‘IPR’) disputes, concerns of objective arbitrability stem from the impact arbitral awards may have on non-consenting parties. Owing to insufficient legislative engagement with this issue, judicial position on arbitrability of IPR disputes in India remains unsettled.

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Digital Case Management in International Arbitration

By Dr Sven Lange (Counsel at Busse Disputes) and Irina Samodelkina (Foreign Associate at Busse Disputes)

The modern business world strives to increase efficiency – and the use of modern IT systems is a key tool in that regard. One would thus expect that arbitration, which aims to resolve disputes efficiently, would jump at the many opportunities offered by modern IT technology to truly digitalise dispute resolution. But progress has been slow. While arbitration practitioners widely recognise the benefits of using modern technologies, the approach in practice is still largely based on conventional methods.

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Ambivalent Russian Arbitration Developments Regarding Hybrid Dispute Resolution Clauses

By Daniil Vlasenko, foreign attorney at Baker & McKenzie LLP (New York)

Overview

At the end of 2018, the Presidium of the Russian Supreme Court published its “Review of Cases Related to the Functions of Assistance and Control in Relation to Arbitration and International Commercial Arbitration” (“Review”). The 51-page Review was dedicated to issues that the Russian courts have faced while hearing cases arising from domestic and international arbitration and which require consideration by the Supreme Court. Numerous issues were covered, including those connected to the arbitrability of certain types of disputes, the enforceability of arbitral awards and the validity of arbitration agreements.

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Negotiation in the Context of Arbitration

By Erin Gleason, Independent Arbitrator and Mediator

Mediation and arbitration are often categorized as separate and distinct fields for good reason.  Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties.  There is a formality attached to arbitration that one usually does not find in mediation.  While the arbitration process is prescribed by rules, the mediation experience is created by the parties and the mediator to fit the needs of a particular dispute.

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Tips from the top: Young ICCA interviews Jadranka Jakovcic

Jadranka Jakovcic is an associate at New York office of Curtis, Mallet-Prevost, Colt & Mosle LLP, International Arbitration group. She advises in both investment treaty and commercial arbitrations, with particular experience in cases conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID).

Prior to joining Curtis, Ms. Jakovcic served as a judicial trainee to Justice Charles E. Ramos of the New York Supreme Court, Commercial Division. She also interned at the Legal Service of the European Commission, assisting on the preliminary ruling procedure concerning Croatia before the European Court of Justice.

A Croatian national, Ms. Jakovcic trained in both civil law and common law, with a Master of Laws degree from the University of Zagreb and an LL.M. from Fordham University School of Law.

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