The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars and courts has been that such disputes are not arbitrable.[1] More recently, this view has been challenged, with some scholars finding that arbitral tribunals should be, and are, competent to decide disputes concerning the validity and existence of patents – at least with inter partes-effect by ordering one party to apply for the deletion of a patent with the competent patent office.
In a decision of 5 May 2021, the District Court of Munich I (Landgericht München I), sided with the second view and confirmed the arbitrability of disputes concerning the validity and existence of patents in an obiter dictum…
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By George Friedman
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