Electronic Commerce and ADR
One response, which has proved to be most successful, is to require registrars of generic top level domain names to insert contract terms obliging applicants for gTLD registrations to refer disputes over registration to a tribunal appointed in accordance with the Internet Corporation for Assigned Names and Numbers ("ICANN") Uniform Domain-Name Dispute-Resolution Policy ("UDRP"). The UDRP has proved to be so successful that many national registrars introduced similar schemes for country code top level domain name disputes. Nominet's Dispute Resolution Service for the UK is a typical example. A similar scheme has been launched by WIPO for disputes between application service providers.
Art 17 of the electronic commerce directive (Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) requires EU member states to encourage out of court settlement of on-line disputes.
Organizations offering Dispute Resolution Services
Jane Lambert >