CROSS-BORDER ARBITRATION CLAUSES IN TECHNOLOGY AND IP AGREEMENTS

AUTHOR – ANUSHKA SINGH, STUDENT AT AMITY UNIVERSITY, LUCKNOW

BEST CITATION – ANUSHKA SINGH, CROSS-BORDER ARBITRATION CLAUSES IN TECHNOLOGY AND IP AGREEMENTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 611-619, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I6464

Abstract

The increasing globalization and heavy dependency on digital transactions has resulted in sudden demand in cross-border technology and intellectual property (IP) agreements. There are certain factors that makes cross-border agreements more complex some of them may come from licensing issue, data sharing, and proprietary rights because of involvement of parties belonging to different jurisdictions which may increase the probability of inconsistencies in decisions.

This paper dives into deep analysis of role and importance of cross-border arbitration clauses in the field of technology and IP agreements, through examining and analyzing the essential elements which includes the seat of arbitration, institutional mechanism, legal system by which it is governed, and scope of disputes. Furthermore, it examines the critical issues and challenges that may arise in this domain, specifically those related to arbitrability of IP disputes, interim relief, and protection of sensitive information from public eye, and procedural inconsistencies due to involvement of different jurisdiction.

Moreover, it provides explanation of legal framework on which international arbitration functions, examination of both Indian and international perspectives. Analysis of landmark judgments which contributed in the evolution of arbitration jurisprudence and providing arbitration-friendly regime.

The paper draws conclusion by focusing on the current requirement of harmonization in the field of international arbitration practice in order to provide predictability and consistency in dispute resolution. It also analyses india moving towards global arbitration hub. Overall, the paper gives detailed analysis of cross-border arbitration in the dynamic landscape of technology and IP law.

Keywords: cross-border arbitration, intellectual property (IP), New York Convention, UNCITRAL Model Law Confidentiality, Interim relief, governing law, jurisdictional inconsistencies, enforceability, Indian arbitration framework.