Unfairness of the uniform domain name dispute resolution policy
Graduate School of International Studies Korea University
International Electronic Commerce
uniform domain name dispute resolution policy UDRP Internet domain name;
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ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) is an international dispute resolution procedure that enables trademark holders to challenge the registrant of an Internet domain name, bring the name to binding arbitration and, if the challenge is successful, gain control of the name. The policy was defined in October 1999 and the first case was decided in December 1999. Thousands of domain name disputes have been resolved in a short time under the UDRP. This alternative dispute resolution process has been hailed as a model to be replicated for other types of Internet legal disputes, given its speed, low cost, and international scope. And also the UDRP has a unique feature as an electronic arbitration that all disputes are handled through electronic communications and courier services. However, many studies revealed some apparent inequitable results in the UDRP. That is, UDRP system has not only a lot convenient process but also has controversial provisions and procedure, this paper seeks to the systemic unfairness of the UDRP.