Party autonomy and the applicable law to the merits in intellectual property arbitration

Development summary

Maxence Rivoire’s article in Arbitration International examines party autonomy to choose the law applicable to the merits in intellectual property arbitration concerning patents, trademarks and copyrights. It considers whether a choice limited to contract law can extend to infringement claims and remedies, and discusses overriding mandatory rules and the role of party autonomy in infringement, ownership and validity issues.