Extra-judicial Mechanisms to Resolve Domain Names Disputes: What Perspectives for Arbitration?

Versailles International Arbitration and Business Law Review, 2013, No.4Article published in French in the Versailles International Business Law Review.

Procédures extrajudiciaires de règlement des litiges relatifs aux noms de domaine : quelles perspectives pour l’arbitrage ?, Versailles International Business Law Review, 2013, No. 4, pp. 145-168.

Title in English: “Extra-judicial Mechanisms to Resolve Domain Names Disputes: What Perspectives for Arbitration?”

Abstract: The Uniform Domain Names Dispute Resolution Policy (UDRP) was adopted in 1999 to address the shortcomings of the existing system at that time. Fifteen years later, times are marked by an unprecedented increase of domain names resources. The Internet Corporation for Assigned Names and Numbers (ICANN) is in the process of liberalizing the creation of new top-level domains and new technologies now allow the registration of internationalized domain names (IDNs). Resources will soon be almost endless and extremely varied. However, this new environment also creates unprecedented opportunities for cybersquatters. We need to question the effectiveness of the UDRP model now. This paper proposes that international arbitration would be a better mechanism to resolve domain names disputes.

Emmanuel Gillet, Ph.D. in Law