Inside Arbitration Issue 17: Arbitration of IP disputes

We are delighted to share with you Issue 17 of Inside Arbitration from Herbert Smith Freehills’ Global Arbitration Practice, which, in particular, features an article on arbitrating IP disputes arising from energy transition innovations.

In this issue, we delve into two critical topics facing many of our clients: the energy transition and digitalisation, and the growing overlap between the two as the world intensifies its efforts to develop innovative technologies to produce clean energy. We also explore global big-picture trends and highlight regional developments, taking a look at the investment of Korean companies in clean energy projects across the world, the new PRC Foreign State Immunity law and Madrid's emergence as an attractive arbitration hub. In addition, this issue casts a spotlight on our Middle East practice, with articles and videos that showcase the expertise of Dubai-based Disputes partners Stuart Paterson and Nick Oury.

Articles in this edition include:

Fuelling the Future: Arbitrating IP disputes arising from energy transition innovations

• We discuss the management and safeguards needed when innovating at speed with third parties to generate solutions for the energy transition and how arbitration can be employed to resolve IP disputes arising from such R&D collaborations

Click to agree: Technology and consumer arbitration

• With the surge of digital services causing a rise in business-to-consumer agreements, we explain what it means for dispute resolution

Project delivery and construction arbitration: A playbook for infrastructure PE funds

• With greater private equity participation in infrastructure projects, a clear approach to construction contracts and project governance is essential

Centre stage: Charting Madrid's emergence as an arbitration hub

• The Spanish city is rapidly emerging as a key global arbitration forum. What led to its rise and rise?

Korea's energy transition: What are the risks for investors?

• With the drive to net zero set to dominate the agenda for decades, we survey the pitfalls for Korean energy companies invested in projects around the globe

A New Era: Foreign State Immunity in the PRC and Hong Kong

• The adoption of the new PRC Foreign State Immunity Law expands the scope to sue and enforce against foreign states in the PRC and Hong Kong courts, including in relation to arbitration agreements and arbitral awards

Spotlight interviews

• Partners Stuart Paterson and Nick Oury feature in our spotlight articles, shedding light on their specialisms in the Middle East and their story so far.

Previous issues and articles can be viewed here. We hope that you enjoy reading Issue 17 of Inside Arbitration and would welcome any feedback you may have.

For more information, please contact partners Paula Hodges KC, Simon Chapman KC and Andrew Cannon or your usual Herbert Smith Freehills contact.