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 round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about when an online arbitration (OArb) might be less beneficial than in-person arbitration, especially...
By Olof Heggemann, Oladeji Tiamiyu, Myriam Seers, Amy SchmitzIn this episode of the Arbitration Conversation, Amy interviews Prof. Dave Larson of the Mitchell Hamline School of Law about digital accessibility in mediation, arbitration, and online dispute resolution. https://www.youtube.com/watch?v=UEyWsL-3zcU
By David Larson, Amy SchmitzThe legislature and courts in India are making consistent and systematic attempts to create an arbitration-friendly atmosphere. Though some policy decisions may be contentious, the intention and earnestness to promote...
By Chirag Balyan
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