GIẢI QUYẾT TRANH CHẤP HỢP ĐỒNG CHUYỂN GIAO CÔNG NGHỆ CÓ ĐỐI TƯỢNG LÀ QUYỀN SỞ HỮU CÔNG NGHIỆP BẰNG TRỌNG TÀI THƯƠNG MẠI TẠI VIỆT NAM

Abstract

Commercial arbitration is becoming an increasingly popular method of dispute resolution in today's economic and social environment. With its advantages of effectiveness, speed, flexibility, and high confidentiality, it is well-suited for many sectors, particularly in the field of technology transfer contracts. However, despite these benefits, there are certain limitations, such as challenges in determining disputes within technology transfer contracts—especially those involving industrial property rights that fall under the jurisdiction of arbitration. Additionally, the practice of resolving these disputes through arbitration has its own complexities. This article clarifies the legal provisions and practices surrounding the resolution of disputes in technology transfer contracts involving industrial property rights subject to arbitration, highlighting the shortcomings and underlying causes. It then proposes solutions to enhance the effectiveness of resolving contract disputes through commercial arbitration