The Evolution of Precedent in Mandatory Arbitration - Lessons from a Decade of Domain Name Dispute Resolutions

The Arbitrator & Mediator, Vol 30, No. 1, 2011

U of Melbourne Legal Studies Research Paper No. 570

17 Pages Posted: 28 Mar 2012

Date Written: March 27, 2012

Abstract

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

Christie, Andrew F. and Rotstein, Fiona, The Evolution of Precedent in Mandatory Arbitration - Lessons from a Decade of Domain Name Dispute Resolutions (March 27, 2012). The Arbitrator & Mediator, Vol 30, No. 1, 2011; U of Melbourne Legal Studies Research Paper No. 570. Available at SSRN: https://ssrn.com/abstract=2030044

Andrew F. Christie (Contact Author)

Melbourne Law School ( email )

University of Melbourne
Melbourne, Victoria 3010
Australia

HOME PAGE: http://www.andrewchristie.com

Fiona Rotstein

Melbourne Law School ( email )

Faculty of Law
Victoria 3010
Australia

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