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Arbitrability of International Commercial Disputes Involving Intellectual Property

ФИО студента: Elena Izotova

Руководитель: Konstantin Ksenofontov

Кампус/факультет: Faculty of Law

Программа: Private International Law (Master)

Год защиты: 2018

Master's thesis is devoted to comparative research on arbitrability of international commercial disputes involving intellectual property. The main goal of the research was to generalize recent trends in national legislation of different countries and international court and arbitration practice on the matter of arbitrability. It is concluded that there is a tendency of liberalization of the sphere, gradual expansion of types of disputes that can be submitted to arbitration. Nevertheless, there are still some difficulties as restrictions on arbitrability are not clearly stipulated in national laws. Moreover, significant differences remain between national laws, especially relating to validity issues. It seems that in terms of harmonization and further development of the sphere, unified criteria could be set up on international level.

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