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GAR (Global Arbitration Review) is the world's leading international arbitration journal and news service. GAR provides breaking news, daily updates and in-depth monthly features covering international arbitration in countries around the world. GAR also features guest commentary and articles from the world's leading international arbitration practitioners.
20 April 2021 The judicial committee of the Privy Council has upheld a challenge to an award issued in the Bahamas for serious irregularity – marking the first time the UK’s top judges have considered the requirement that the irregularity cause substantial injustice since the decision of the House of Lords in the Lesotho Highlands case 15 years ago. 20 April 2021
In summary Rights holders have traditionally turned to court litigation to protect IP rights such as patents, copyrights, trademarks and trade secrets – or to enforce IP licensing agreements. This brings certain challenges, such as a public forum, unfamiliar laws and procedures, judges with varying IP law expertise, concern for national interests, and the risk that a judgment cannot be enforced in other jurisdictions. Arbitration offers an alternative mechanism and has a number of advantages, including confidentiality, a neutral forum or a single forum, the ability to select arbitrators with technical expertise, symmetrical risk for licensors, and cross-border enforceability of arbitral awards. This chapter considers the viability and desirability of arbitration as a means of resolving cross-border IP and IP-related disputes with a focus on Asia.