Law of Domain Names
Domain name disputes
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Solving domain disputes through arbitration became increasingly popular after the year 2001 when sponsors of top level domains added an arbitration clause into their terms and conditions.
Due to this clause, every single person that registers a domain name agrees to be sued at a special arbitration centre under specific rules elaborated to tackle the issues of cybersquatting. Thanks to this, the intellectual property holders received an effective tool against cybersquatters.
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The main advantages of arbitration in domain disputes vest in:
- Rules of alternative dispute resolution are tailored to address specific issues of cybersquatting, as opposed to national regulations, majority of which failed to tackle this problem
- The procedure is fast and has only one instance
- The procedure usually applies independently from national law so there is no advantage for any party of domain dispute
- The squatters from countries with lower standards of legal enforcement cannot hide behind low quality of their national judicial system
More on domain name arbitration |
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