Online Dispute Resolution – The Phenomenon of the UDRP

Abstract

Judged against its objective of providing an alternative to litigation in national courts for resolving domain name disputes, the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) has proved a phenomenal success. This chapter analyses the reasons for, and the consequences of that success. In particular, it explores the conceptual basis of the UDRP, to identify how a meaningful remedy can be obtained and implemented without the need to resort to a national law or a national court. It then reviews the actual utilisation of the UDRP, to identify the extent to which it provides efficient, effective and consistent outcomes. Finally, it identifies and assesses criticisms of the UDRP, to determine whether this phenomenon of online IP dispute resolution is a beneficial one.

Keywords: online, dispute resolution, domain names, cross-border, enforcement; UDRP

JEL Classification: K00, K29