Domain Name Arbitration

How Are Domain Name Disputes Settled?

Domain name disputes are mostly settled either by agreement, court action or arbitration. Until recently, the court had acted as ultimate adjudicators to decide on issues involving domain names. In order to settle domain name disputes in a relatively fast, reliable, and inexpensive way, the ICANN (Internet Corporation for Assigned Names and Numbers) accepted and approved the use of arbitration method. As the litigation method is time consuming and expensive, many people opt for the arbitration method to resolve dispute over domain name ownership.

ICANN adopted the Uniform Domain Name Dispute Resolution Policy, otherwise termed UDRP, with the intention of making the domain name dispute resolution procedures more efficient. In most cases, the arbitration proceedings are carried out by an approved dispute-resolution service provider. Nowadays, arbitration panels are proving to be beneficial to resolve the incidences of domain name theft and domain name piracy.

What Are Some Advantages and Drawbacks of Domain Name Arbitration?

By availing yourself of domain name arbitration services, you can reap many advantages over litigation. Some of the advantages that can be obtained include low cost, flexibility, no limitations on jurisdiction and evidence, and more. Moreover, it takes only a few weeks to complete the arbitration proceedings. Even though there are many benefits, it has some drawbacks such as lack of appeal, panel decisions are discretionary, limitation of remedies, etc.

Finally, domain name arbitration services are also useful for negotiating purchases and sales, overseeing transfers, domain escrow and preparing agreements.