Arbitration Act 2001 · 2020 Revised Edition · Part 9A · Arbitrations Relating to Intellectual Property Rights
52D. Setting aside award involving IPR
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For the purposes of section 48(1)(b)(i), the subject matter of a dispute is not incapable of settlement by arbitration under this Act only because the subject matter relates to an IPR dispute.
IPR dispute
“IPR dispute” includes —(a)a dispute over the enforceability, infringement, subsistence, validity, ownership, scope, duration or any other aspect of an IPR;(b)a dispute over a transaction in respect of an IPR; and(c)a dispute over any compensation payable for an IPR.(4) In this section,
For the purposes of section 48(1)(b)(ii), an award is not contrary to public policy only because the subject matter in respect of which the award is made relates to an IPR dispute.
award
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 28;