Although it’s far from perfect, I think the Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a good model for online dispute resolution (ODR) because of its following characteristics: (i) it applies to a very specific, narrow field – cybersquatting and domain names; (ii) it has global application and domain registrants are contractually bound when registering a domain name to undertake arbitration under the UDRP (no jurisdiction issue); (iii) its non-national in that no specific national law specifically applies (no choice of law problem); (iv) the costs are as a whole not prohibitive; (v) the proceedings are transparent since the decisions are published and available to the public; (vi) its subject community may be heterogeneous but there are still certain common values and norms; (vii) it has on tap a number of experienced arbitrators; (viii) the proceedings do not bar the parties from bringing the dispute to ordinary courts if they so wish; and (ix) the simple procedure under the UDRP is appropriate for the non-highly complex issue of cybersquatting.

This post was originally written for a class in Information Technology Law when I was an LLM student at the University of Edinburgh.

Advertisement