IP and Arbitration - Reflections on my 11th Anniversary at 4-5 Gray's Inn Square

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Jane Lambert

Eleven years ago to this day, I accepted an invitation to join 4-5 Gray's Inn Square as a tenant.  One of the reasons why I did so was because of the set's strength in arbitration,  We have a strong panel that includes members with experience in intellectual property such as James Bridgeman SC and Elizabeth Nicholls as well as me.

On Thursday 8 Feb 2024 I took part in a panel discussion on "Damages Issues in IP and Life Science Disputes at the Butchers' Hall in the City of London. My fellow panellists were Amanda Ebbutt of TaylorWessing, Andrew Tepperman of Charles River Associates and Epaminontas Triantafilou of Quinn Emanuel Urquhart & Sullivan. Our moderator was Shreya Gupta of Oxera Consulting. Our panel discussion was one of three sessions at GAR LIVE on Damages, a half-day symposium presented by the Global Arbitration  Review.  The other sessions were "Bridging the Gap: Simplifying Evidence for Tribunals" and "The GAR Live Question Time."

The symposium took place at a time of growing interest in arbitration as a means of resolving intellectual property and technology disputes for the reasons that I mentioned in Arbitration - Global Arbitration Review's Damages Symposium on 3 Feb 2024 and  WIPO Arbitration and Mediation Centre Report 2023 on 19 Jan 2024.  I have been writing about the topic for many years (see Jane Lambert Arbitration of Intellectual Property and Technology Disputes 6 April 2014 NIPC London).  In that article, I discussed the advantages and disadvantages of arbitration.  These are explored in greater detail in ADR Advantages and Why Arbitration in Intellectual Property on the WIPO website,  

There are some IP disputes that are particularly well suited to arbitration,   In our panel discussion  Amanda Ebbutt mentioned Lord Justice Arnold's encouragement of arbitration for the resolution of FRAND disputes in Nokia Technologies OY and another v Oneplus Technology (Shenzhen) Co Ltd and others [2022] EWCA Civ 947.  in Resolving Life Sciences Disputes Beyond the Courts, Isha Singh referred to the 70 licensing and sub-licensing agreements between members of the Medicines Patent Pool that contain arbitration clauses. 

Claims by intellectual asset owners against governments under bilateral investment treaties or free trade agreements for compensation for inadequate legal protection of their assets to the extent that it amounts to expropriation as in Eli Lilly and Company v. Canada (ICSID Case No. UNCT/14/2 or Philip Morris Asia Limited v. The Commonwealth of Australia, UNCITRAL, PCA Case No. 2012-12 can only be resolved through arbitration.

Anyone wishing to discuss this topic may call me during UK business hours at +44 (0)20 7404 5252 or send me a message through my contact form.

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