Abstract

http://ssrn.com/abstract=1269930
 


 



Pandora's Box is Finally Opened: The Uniform Domain Name Dispute Resolution Process and Arbitration


Konstantinos Komaitis


Internet Society

September 18, 2008

International Review of Law, Computers & Technology, Vol. 19, No. 1, 2005

Abstract:     
This article aims to discuss the issue of whether the Uniform Domain Name Dispute Resolution Policy (UDRP) endorsed by the Internet Corporation for Assigned Names and Numbers (ICANN) is an arbitral process according to the principles of the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. For this purpose, this article will first establish the true meaning of arbitration, moving on to illustrate how it has been incorporated with the introduction of the Internet and, specifically, the interaction between Online Dispute Resolution (ODR) and Alternative Dispute Resolution (ADR) mechanisms. Furthermore, this article will demonstrate how ICANN has used arbitration and ADR methods to deal with the conflict between trademarks and domain names; for this purpose, a short history of the UDRP will be mentioned and the Policy will be later compared to conventional arbitration in order to prove that the UDRP is not an arbitral process, at least according to the way arbitration is conceived. Finally, this paper will illustrate that ICANN's Policy has created a whole new process for deciding domain name disputes that has a rather ambiguous nature.

Keywords: ICANN, UDRP, New York Convention on Recognition and Enforcement of Foreign Arbitral Awards, trademarks, domain names, ODR, ADR

Accepted Paper Series


Not Available For Download

Date posted: September 18, 2008 ; Last revised: September 22, 2008

Suggested Citation

Komaitis, Konstantinos, Pandora's Box is Finally Opened: The Uniform Domain Name Dispute Resolution Process and Arbitration (September 18, 2008). International Review of Law, Computers & Technology, Vol. 19, No. 1, 2005. Available at SSRN: http://ssrn.com/abstract=1269930

Contact Information

Konstantinos Komaitis (Contact Author)
Internet Society ( email )
Galerie Jean Malbuisson 15
Geneva, 1204
Switzerland
Feedback to SSRN


Paper statistics
Abstract Views: 495

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.328 seconds