Sanchit Shrivastava, Damodaram Sanjivayya National Law University
It is a general principle of ADR that it is preferred over litigation because of the time period difference. The reason why we prefer ADR is because it avoids fragmentation before parallel regional and national courts. When we try to understand the scope of International Dispute related to IPR & to solve that matter with ADR mechanisms, it can be confusing as not all cases can be subjected to Arbitration.
This is primarily because ADR is based on the consent-based settlement & such activities call for criminal sanctions & the same is not reconcilable with ADR mechanism. However, Arbitration or other mechanism can be recourse for if certain conditions are qualified. These conditions discussed in this paper are related to arbitrability of the IP dispute, scope of the dispute resolution clauses and the issue of governing law. The major debate regarding the IP carve-out clauses have been discussed in the second issue i.e., scope of the clause.
Keywords: Arbitration, IPR, Trademarks, IP Carve-Out Clauses, governing law, etc.