INVESTIGATING THE RELATIONSHIP BETWEEN PUBLIC POLICY AND ARBITRABILITY IN INTELLECTUAL PROPERTY DISPUTES

At various stages of the arbitration process of a dispute, obstacles and objections may arise, particularly from the loser party. Defenses such as encounte an agreement or arbitration clause with public order or basically not being arbiratable under the governing laws are used as the ways to escape being defeated. Given the ambiguity of the concepts of public order and arbitrability, especially in intellectual property law, and the differing views of different countries on these issues, we sought to examine what is the relationship between the concept of public order and arbitrability in the intellectual property disputes referred to arbitration. The result was that there was a split. Some have supported the theory of conformity of public order and inarbitrability. In contrast, other writers have arguments about the fundamental difference between the two.Keywords: Arbitrability, Exclusive Jurisdiction, Intellectual Property Disputes, New York Convention, Public Policy. Keywords: Arbitrability, Exclusive Jurisdiction, Intellectual Property Disputes, New York Convention, Public Policy.