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I. Introduction
Section 16 of the Arbitration and Conciliation Act, 1996
(
A&C Act ) has been framed in
accordance with Article 16 of the UNCITRAL Model law, which
embodies elemental jurisprudential doctrine
i.e.,
Kompetenze - Kompetenze . This doctrine
empowers the court or an arbitral tribunal to rule upon its own jurisdiction, brought forth by one of the parties to
the dispute. Section 16 (1) of the A&C Act states that an
arbitral tribunal may rule on its own jurisdiction, including
ruling on any objection with respect to the existence or validity
of the arbitration agreement.
However, Section 16 of A&C Act is silent on whether it is
The International Chamber of Commerce (the
ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the
2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021 Rules mark the second update of arbitration rules by a major arbitral institution after the beginning of the COVID-19 pandemic. As covered in our previous client alert, the 2020 Arbitration Rules of the London Court of International Arbitration (the
LCIA) took effect three months ago, on 1 October 2020 (the
2020 LCIA Rules).
This alert discusses the key changes introduced by the 2021 Rules and highlights points of convergence with the recent updates introduced by the 2020 LCIA Rules.
ICC announces record 2020 caseloads in Arbitration and ADR
News • Paris, 12/01/2021
The International Chamber of Commerce (ICC) has announced record requests in 2020 for its arbitration and ADR services.
The world’s preferred arbitral institute, the ICC International Court of Arbitration recorded a total of 946 new arbitration cases in 2020 – the highest number of cases registered since 2016, when a complex cluster of small disputes effectuated a marked increase in the statistics.
Of the 946 total registered cases, a record 929 were requested under the ICC Rules of Arbitration while 17 cases were filed under the ICC Appointing Authority Rules whereby parties to an arbitration who have determined to proceed
In summary
Rights holders have traditionally turned to court litigation to protect IP rights such as patents, copyrights, trademarks and trade secrets – or to enforce IP licensing agreements. This brings certain challenges, such as a public forum, unfamiliar laws and procedures, judges with varying IP law expertise, concern for national interests, and the risk that a judgment cannot be enforced in other jurisdictions. Arbitration offers an alternative mechanism and has a number of advantages, including confidentiality, a neutral forum or a single forum, the ability to select arbitrators with technical expertise, symmetrical risk for licensors, and cross-border enforceability of arbitral awards. This chapter considers the viability and desirability of arbitration as a means of resolving cross-border IP and IP-related disputes with a focus on Asia.