Methods Of Domain Name Dispute Resolution

Sander and lukasz rozdeiczer s chapter on the topic in the handbook of dispute resolution jossey bass 2005.

Methods of domain name dispute resolution. Dispute resolution refers to a technique of settling the conflicts or claims between two parties i e. The transfer dispute resolution policy tdrp applies to transactions in which a domain name holder transfers or attempts to transfer a domain name to a new registrar. The operation of the uniform dispute resolution policy udrp is described including the provisions for transfer of an improperly registered domain name and the ways in which complainants can invoke those provisions and domain name holders can defend their registrations. In order to process the types of domain disputes discussed above the uniform domain name dispute resolution policy udrp was born.

Domain name dispute resolution in india with the advance of e commerce in india disputes relating to domain names are on the rise. Understandably disputants are often confused about which process to apply to their situation. Persons aggrieved by the wrongful use of their domain names have the following two options to settle their dispute. They may resort to the uniform domain name dispute resolution policy.

Under the policy most types of trademark based domain name disputes must be resolved by agreement court action or arbitration before a registrar will cancel suspend or transfer a domain name. Some alternative dispute resolution methods are binding meaning that the parties cannot ignore the ruling based on whether or not they agree with decision. Disputes which arise in relation to these domains can be resolved by filing a complaint with an approved dispute resolution service provider. Some types of alternative dispute resolution are case evaluation collaborative law divorce coaching and private judging.

All registrars must follow the uniform domain name dispute resolution policy often referred to as the udrp. Other adr methods are non binding meaning the ruling can be ignored. This article offers some guidance adapted from frank e.