Disputes
relating to infringement of intellectual property rights are not often settled
by arbitration. By contrast, disputes relating to contractual exploitation of
said rights are an arbitration best seller. Many
agreements include arbitration clauses (patent or trademark assignment or
licences, franchising, research, know how or joint venture agreements, etc.).
When the arbitration clause is properly drafted, it will extend the arbitrators’
jurisdiction to related delictual issues, such as infringement by exceeding the
contract limits or unfair competition. However, mandatory rules (such as labour
law) may limit the recourse to arbitration. The contractual nature of
arbitration may also limit the nature of the remedies available to the
arbitrators.