Invisible Assets, Visible Stakes: Soft IP in Arbitration

Presentation

As business value shifts toward intangible assets, many “soft IP” disputes arise from licensing, technology transfer, data-sharing, and branding arrangements rather than questions of formal validity. When disputes concern trade secrets, know-how, confidential information, or royalty calculations, is arbitration the most suitable forum? How should tribunals approach complex valuation methodologies and the quantification of damages for intangible harm? And does arbitration offer a meaningful advantage where confidentiality and cross-border enforceability are critical?