Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

This article aims to contribute to the debate on the practical solution to the stalemate repeatedly encountered in intellectual property disputes concerning FRAND rate-setting of standard essential patents (“SEP”). Digital transformation is underlining the importance of a well-functioning SEP/FRAND licensing system, which heavily relies on a sound conflict resolution mechanism. However, recent anti-suit injunction “wars” in cross-border SEP disputes have only led to judicial deadlocks and