Document Type

Article

Comments

Presented at the third annual LL.M. Inter-University Conference at Cornell Law School on April 1, 2006.

Abstract

Even though the Internet has become an integral part of daily life, resolving legal disputes via Internet still remains in the development stage. The legal framework for regulating such Online Dispute Resolution (ODR) has not been established since the Virtual Magistrate Project offered the early ODR program began in 1995. Still, resolving disputes through Internet has been increasing dramatically, especially in the area of Domain Name Disputes. After the Internet Corporation for Assigned Names and Numbers (ICANN) adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999 , this procedure has been regarded as the most successful ODR to date.

Although UDRP was initiated as a way to provide an inexpensive and quick dispute resolution procedure, it still contains certain potential inefficiencies. These potential inefficiencies can result in lost time as parties try unsuccessfully to resolve the domain name disputes against the UDRP.

This research will analyze the causes behind of that potential inefficiency in UDRP through the comparison with processes used in traditional binding arbitration. After identifying the reasons for potential inefficiencies in the UDRP model, this paper will offer possible suggestions to improve service.

Date of Authorship for this Version

April 2006

Keywords

Uniform Domain Name Dispute Resolution Policy, Arbitration

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