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International Arbitration of Intellectual Property Disputes in Switzerland: An Overview

September 2005

Intellectual property disputes arising from licensing or research-and-development contracts are often decided before arbitral tribunals in Switzerland, even when neither the parties nor the subject matter has a direct connection to Switzerland. One of the reasons for this is that parties often experience difficulty in agreeing on the jurisdiction or the seat of the arbitral tribunal, and Switzerland’s neutrality makes it an easy compromise. Furthermore, Swiss international arbitration law has a strong international reputation for liberalism, especially regarding the arbitrability of intellectual property disputes. Considering Switzerland’s significance as a venue for international arbitration, this Newsletter will highlight some of the basic principles and particularities of Swiss arbitration procedures relating to intellectual property disputes.

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