CONTOURS OF COMMERCIAL ARBITRATION: A DISQUISITION INTO THE ARBITRABILITY OF IP DISPUTES IN INDIA
CONTOURS OF COMMERCIAL ARBITRATION: A DISQUISITION INTO THE ARBITRABILITY OF IP DISPUTES IN INDIA

Summary/Abstract: With the changing role of the State, from dirigiste to protectionist, private interest, which originally found its roots in private negotiations, today depends on legal protection, in order to assure honesty, transparency and competition. The thrusting boost that globalisation has received coupled with the introduction of the Make in India campaign, has opened gates for a multitude of novel and advanced forms of commercial relationships which require thorough expertise, flexible rules and expeditious reliefs. With over thousands of international commercial arbitrations taking place across the globe, India’s chances of being the most sought after choice of seat depends largely on the nature of its laws. The State must ensure operation of laws that are more welcoming to international arbitrations while not compromising the authority of the sovereign institutions. This article aims to deal with the fairness, reasonableness and consequences of one such aspect of law dealing with disputes over intellectual property rights. This article also deconstructs the rationale behind the law and traces the extent of an Indian-seated Tribunal’s competence.

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