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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In this episode of the Arbitration Conversation, Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University about promoting diversity in arbitration. https://youtu.be/JsmRRNC95AI
By Sarah Rudolph Cole, Amy SchmitzThis article first appeared on Securities Arbitration Alert (SAA), here. This is less a letter from the editor and more your editor’s musings, but I wonder whether we are seeing...
By George FriedmanIn this episode of the Arbitration Conversation, Amy interviews Prof. Rick Bales of Ohio Northern School of Law on labor arbitration in the time of COVID. https://youtu.be/-lmqqMQqA6Y
By Rick Bales, Amy Schmitz
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