Arbitrability Analysis
A clear early split between what the tribunal can decide and what must go to the registry or the courts.
Not every intellectual property dispute can be arbitrated. Registration and validity of a trademark or patent are matters for the registry and the courts, but the commercial agreements built around that intellectual property are a different question entirely.
Dubai Legal Expert handles intellectual property arbitration in the UAE covering licence agreements, franchise arrangements, royalty disputes, technology transfer, software and know how, alongside the confidentiality obligations attached to them.
Contractual disputes between parties over intellectual property are generally arbitrable. That includes licence scope and territory, royalty calculation and audit rights, franchise obligations and termination, assignment of rights, software development and technology transfer, and breach of confidentiality or know how.
Registration, ownership on the register and validity are treated differently, because they affect rights against the world rather than only between the parties. We advise early on which parts of a dispute can proceed in arbitration and which must go elsewhere.
Contact UsScope, territory, exclusivity, minimum guarantees, royalty calculation and audit rights under licence agreements.
Franchise obligations, territory protection, standards, fees and the consequences of termination and post term restrictions.
Development agreements, deliverable and specification disputes, source code escrow and ownership of created works.
Breach of confidentiality, misuse of trade secrets and disputes over information disclosed under non disclosure agreements.
Clear advice on which elements of the dispute can be arbitrated and which require registry or court action.
A clear early split between what the tribunal can decide and what must go to the registry or the courts.
Close reading of scope, territory, exclusivity and field of use, where most licence disputes are actually decided.
Accounting evidence on reported sales, deductions and minimum guarantees, since royalty claims turn on the numbers.
Arbitration keeps trade secrets and commercial terms out of a public record, which is often the reason it was chosen.
Coordination where the same brand or technology is protected and disputed across multiple jurisdictions.
Urgent measures to stop continued use or disclosure while the arbitration proceeds.
In intellectual property disputes the material in issue is frequently the asset itself. Formulas, source code, customer data, pricing structures and unregistered know how all become evidence, and in court proceedings that evidence enters a public process.
Arbitration keeps it contained. For businesses whose value sits in information rather than in registered rights, that containment is often worth more than the speed or the cost difference between the two forums.
Separate what is arbitrable, protect the asset, then prove the breach.
We examine the licence, franchise or development agreement together with the registered rights position.
A written view on which claims can proceed in arbitration and which require registry or court action.
Interim relief is sought where continued use or disclosure is causing ongoing damage.
Technical evidence of use and infringement, and accounting evidence of royalties and losses, are prepared.
The claim is presented with technical and financial expert evidence at the merits hearing.
The award is ratified and enforced, including orders to cease use, deliver up materials or pay outstanding royalties.
The royalty audit evidence showed years of under reported sales. The tribunal accepted the accounting analysis in full.
Keeping our source code out of a public court file was the entire reason we arbitrated. It worked exactly as intended.
Contractual IP disputes such as licence, franchise, royalty and confidentiality claims are generally arbitrable. Registration, ownership on the register and validity are dealt with through the registry and the courts.
A disagreement over the amount payable under a licence, usually involving reported sales, permitted deductions, minimum guarantees and the licensor right to audit.
A tribunal can make orders binding on the parties to the arbitration agreement, and interim relief may also be available, although action against third parties requires court or registry proceedings.
Yes, which is a principal reason it is chosen where trade secrets, source code or commercial terms would otherwise enter a public record.
The dispute proceeds through the courts or the relevant registry, and we advise on the strongest route based on the rights and the agreement.
Yes. Franchise agreements commonly contain arbitration clauses covering fees, standards, territory and post termination obligations.
Send us the licence or franchise agreement and we will advise on the forum and the claim. The first consultation is free and confidential.
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