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Why choose arbitration to resolve intellectual property disputes?
date: 2022-11-21 18: 18: 36    |     read: 625

Compared to filing a lawsuit in court, Arbitration has many advantages.


(1) flexibility, Countries generally provide that the parties can choose the place of arbitration on their own, Arbitration institution/arbitrator, Arbitration language, Arbitration rules and applicable law, etc.


(2) Conducive to the realization of justice, Intellectual property disputes, especially patent disputes, often involve complex technical expertise, The parties may independently choose arbitrators with rich experience and professional knowledge as well as arbitration rules and applicable laws with which they are familiar, More conducive to the realization of the interests of both sides.


(3) High efficiency, Arbitration shall be governed by the one-award final system, There is no remedy such as appeal in the court system, Courts generally have very limited grounds for revoking arbitral awards, And the arbitration procedure is simpler than the court procedure, The corresponding time consumption is also greatly reduced.


(4) Strong execution, Compared to the court decision, Arbitration awards are generally made by non-governmental organizations, Easier to recognize and enforce in other countries. In addition, According to "New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards" , A Contracting State may recognize and enforce an arbitral award made within the territory of the other Contracting State. So far, Including our country 150 Several countries have signed or acceded to the Convention.


(5) Antagonistic weakening, The unofficial nature of arbitration can weaken the contradictions and conflicts between the parties, A harmonious atmosphere is more conducive to the settlement of disputes and the continued cooperation between the two parties, Especially suitable for the settlement of international commercial disputes.


(6) Strong confidentiality, Arbitration proceedings and awards are generally closed to the public, Only with the consent of the parties, More conducive to the protection of the parties respective personal information, Trade secrets and even reputation.