ABSTRACT
As a means of alternate dispute resolution, arbitration in the Indian legislative context is governed by the Arbitration & Conciliation Act, 1996 (the Act). Today, most contracts include arbitration agreements. Accordingly, the question of the “arbitrability” of a dispute has gained significance and has found itself to be the subject of much interpretation. The “arbitrability” of a dispute essentially refers to the ability of such a dispute to be resolved by recourse to a neutral decision-maker, mutually appointed by parties, through methodology agreed upon by such parties to the disputes, the fundamental criterion being the consent of parties. Whether all disputes concerning intellectual property rights may be submitted to arbitration has been a topic of some debate, given the nature of these rights and the fact that they are generally perceived as rights available against the world i.e. rights in rem.
