Arbitration as a Tool for Effective IP Dispute Resolution, Especially with Increased Cross-Border Trade

Abstract

Within the evolving landscape of intellectual property (IP) disputes, arbitration has established itself as a potent forum for dispute resolution, particularly in burgeoning cross-border trade and swift technological advancements. The purpose of this article is to consider arbitration as a viable and independent mechanism that can resolve issues concerning patents, trademarks, copyrights, and trade secrets. Arbitration has advantages over litigation, including confidentiality, parties controlling the process concerning the choice of the experts, finality, enforceability under international treaties, and flexibility concerning the formalities. These characteristics apply mainly if sensitive IP information is involved, and the parties are situated within different legal systems. Nonetheless, challenges persist, such as jurisdictional limitations concerning arbitrability, cultural differences in resolving disputes, and the increasing need for strong cybersecurity measures in digital arbitration spaces. In sum, the paper concludes that arbitration will remain a vital means of resolving IP disputes globally in the foreseeable future as long as its determinants — better technological protection by stakeholders, the alignment of their legal regimes with arbitral design, and the evolution of arbitral training — are accounted for.