International Arbitration and Intellectual Property Governance in the Digital Economy

International arbitration has become an increasingly important mechanism for resolving cross-border intellectual property disputes in the context of globalization and the rapid expansion of the digital economy. While traditional legal theories often questioned the arbitrability of intellectual property disputes due to concerns over territoriality, public policy, and state sovereignty, contemporary legal developments have significantly reshaped this landscape. Recent advances in digital technologies, artificial intelligence, cross-border data flows, and global innovation have generated new categories of intellectual property disputes that require more flexible, efficient, and internationally coordinated dispute resolution mechanisms. This working paper revisits the legal foundations of intellectual property arbitration by examining the evolution of arbitrability under international commercial arbitration frameworks, including the New York Convention, the TRIPS Agreement, UNCITRAL instruments, and the dispute resolution mechanisms developed by the World Intellectual Property Organization (WIPO). It further analyzes the transformation of intellectual property governance in the digital economy through comparative perspectives from the European Union, China, and the United States, with particular attention to recent developments in artificial intelligence regulation, data governance, digital platforms, and cross-border innovation. Building upon the author's original seminar paper completed in 2017, this revised edition incorporates recent legislative developments, judicial practices, comparative legal analysis, and emerging policy debates. It argues that intellectual property arbitration should no longer be viewed solely as an alternative dispute resolution mechanism, but increasingly as an important component of global digital governance. The paper concludes by proposing future directions for international arbitration in addressing the legal challenges created by artificial intelligence, digital assets, online dispute resolution, and the continuing evolution of international intellectual property governance.