Gustavo Moser has contributed a chapter to the book Temas Essenciais de Arbitragem titled “Cross-border contracts, intangible assets and arbitration: a strategic approach“.
The chapter addresses the growing prominence of cross-border disputes involving intangible asserts, including technology, intellectual property, data, and contractual rights. It explores the complex issues these disputes raise, such as scope, valuation, governing law, and the interaction between cross-border litigation and arbitration, highlighting the importance of careful contractual design and dispute-resolution planning.
The chapter examines the ecosystem of intangible assets and the rational considerations that underpin dispute-resolution design. It adopts a critical and pragmatic approach to the choice between arbitration and litigation, taking into account factors such as cost, convenience, information asymmetries, uncertainty, and market imperfections. Particular attention is given to green technology as a rapidly expanding sector that intensifies pressure on risk-allocation and dispute-prevention strategies. Overall, the chapter aims to support more structured and disciplined decision-making, both at the pre-dispute stage and when international disputes involving intangible assets arise.