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The ICANN Uniform Dispute Resolution Policy (UDRP) is procedurally flawed, its substantive rules are inconsistently applied, and if any pattern or logic can be ascertained from the rulings of its panels it would be that "might makes right" - dicussed
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E-COMMERCE ASSESSED ESSAY 2001/20001 The ICANN Uniform Dispute Resolution Policy (UDRP) is procedurally flawed, its substantive rules are inconsistently applied, and if any pattern or logic can be ascertained from the rulings of its panels it would be that "might makes right". It still provides, however, the only meaningful forum for domain name disputes. Discuss. ABSTRACT The introduction of the UDRP to deal with domain name disputes has provided a valuable alternative to the courts. However possible evidence of inconsistency, bias and procedural errors will only undermine this reputation. In order to assess the merits of ICANN's UDRP procedure, these claims must be carefully investigated. INTRODUCTION Before, I dive straight into the substantive provisions of ICANN's UDRP; a little scene setting is in order. The Internet as we know it today is a still relatively new concept, major widespread public use has only been evident in the last six years. However, its origin dates back...
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