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Economics of Arbitrability in International IP Contracting
2019
Journal of Law and Commerce
IP arbitrability in international commercial disputes enshrines the friction between traders and holders, between private contracts and public registers, between party autonomy and mandatory rules. Particularly, non‑arbitrability of invalidity defenses concerning registered industrial intellectual property rights has been insufficiently analyzed as a crucial matter of recognition and enforcement of international awards. Consequently, a sound economic rationale on grounds of competitive
doi:10.5195/jlc.2019.164
fatcat:w6x26a4wing4zcnlqz6bjgt6lq