Between
around 5 and 6 percent of new arbitrations registered each year by the
International Court of Arbitration of the International Chamber of Commerce
concern contracts relating to intellectual property. Intellectual property
issues arise in numerous disputes, even if these
are not the principal subject matter of the contract. In such arbitrations, issues
relating to the effect of the arbitration agreement and its extension to
non-contractual claims are frequent, as is the case with those relating to the
arbitrability of disputes which are generally decided in favour of arbitrators
having jurisdiction with limited inter partes effect. The Rules of Arbitration
of the ICC and the practice of the Court, in particular in relation to the
nomination of arbitrators, urgent measures and confidentiality, present
characteristics which make them particularly suited to the resolution of
intellectual property disputes. The ICC’s Centre for Expertise often intervenes
in intellectual property disputes. This was notably the case recently with disputes
arising out of objections to the registration of new internet domain names,
administered under the ICC’s Rules for Expertise.