Risks of IP carve-out in arbitration clauses | Zendy

Jacques de Werra | Zendy

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Risks of IP carve-out in arbitration clauses

Author(s) -

Jacques de Werra

Publication year - 2014

Publication title -

journal of intellectual property law and practice

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.252

H-Index - 10

eISSN - 1747-1540

pISSN - 1747-1532

DOI - 10.1093/jiplp/jpt258

Subject(s) - arbitration , tribunal , scope (computer science) , intellectual property , compulsory arbitration , business , interpretation (philosophy) , arbitration clause , law , law and economics , political science , computer science , economics , programming language

The interpretation of the scope of an arbitration clause which contains a carve-out by which certain types of disputes (specifically intellectual property disputes) are excluded from arbitration had to be made by the arbitral tribunal and not by the California courts as a result of the incorporation of the UNCITRAL Arbitration Rules in the arbitration clause

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