The Evolution of Precedent in Mandatory Arbitration - Lessons from a Decade of Domain Name Dispute Resolutions
The Arbitrator & Mediator, Vol 30, No. 1, 2011
17 Pages Posted: 28 Mar 2012
Date Written: March 27, 2012
In just over a decade, the international system for mandatory arbitration of domain name disputes has disposed of more than 30,000 disputes, between parties from more than 150 countries, in short timeframes and at low cost. Despite the absence of an appellate body and a doctrine of stare decisis, the system has evolved a comprehensive and largely noncontroversial body of precedent, that provides clear guidance to parties on most of the legal and procedural issues involved in a domain name dispute. This paper explores both why and how, exactly, such a sophisticated precedential system has evolved voluntary, and identifies the lessons that may be drawn from this experience for other arbitration systems.
Keywords: arbitration, dispute resolution, domain name
JEL Classification: K00, K19, K39
Suggested Citation: Suggested Citation