This paper examines the emerging role of the Patent Mediation and Arbitration Centre (PMAC) within the Unified Patent Court (UPC) framework and addresses the critical question of how arbitral awards rendered under PMAC rules should be reviewed in annulment proceedings. Although the UPCA establishes a specialized forum for patent disputes in Europe, the absence of a harmonized annulment mechanism for PMAC awards generates uncertainty, because review currently depends on the lex arbitri of the arbitration seat. This study evaluates three potential solutions—creating a self-contained annulment mechanism, designating specialized national courts, and anchoring the legal seat in Lisbon or Ljubljana—to enhance predictability and safeguard the integrity of patent arbitration in the EU.
Adding a transatlantic perspective, the paper contrasts these proposals with U.S. practice under the Federal Arbitration Act (FAA) and the strong pro-arbitration stance of U.S. courts, which generally limit judicial review to narrow statutory grounds. The paper explores whether the U.S. model of deference to arbitral autonomy could inform the design of a European review system, while accounting for the UPC’s supranational character and the need to preserve EU public policy. By combining doctrinal analysis with comparative insights, the paper argues for a balanced approach that ensures legal certainty and uniformity in Europe without undermining the flexibility and efficiency that make arbitration attractive for complex patent disputes.