Putting the jig saw pieces together: an analysis of the arbitrability of intellectual property right disputes in India

• Published in: Arbitration international Vol. 33; no. 4; pp. 631 - 646
• Main Author: Srivastava, Utkarsh
• Format: Journal Article
• Language: English
• Published: Oxford University Press 01.12.2017
• ISSN: 0957-0411; 1875-8398
• DOI: 10.1093/arbint/aix024

Abstract The law governing arbitrability of disputes subjectively varies according to the public policy and the legislative mandate of each jurisdiction. In the absence of any legislative insight or any direct ruling of the Supreme Court of India on the arbitrability of intellectual property right disputes, the overall Indian law on the subject stands scattered. While some of the High Courts across the country have had the opportunity to deal with matters requiring the consideration of both arbitration law and intellectual property law, the lack of consistency is apparent. Through this article, the author attempts to pick up the general domestic law on arbitrability of disputes, as laid down by the Indian judiciary, and to chalk out the principles and tests applicable to all kinds of disputes, including intellectual property disputes. Thereafter, the said tests and principles shall be applied to the unique fact situations raised in various kinds of intellectual property matters, in order to test their suitability for adjudication through the process of arbitration. As a product of this process of joining the various scattered dots, a conceivably clearer picture regarding the arbitrability of intellectual property matters shall be put forth.