"The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corru" by Ian L. Stewart

Article Title

The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted the Uniform Domain Name Dispute Resolution Policy

Authors

Ian L. Stewart, Indiana University School of Law

Document Type

Note

Publication Date

5-2001

Publication Citation

53 Federal Communications Law Journal 509 (2001)

Abstract

In the rapidly changing Internet age, a sound dispute resolution policy is needed to address conflict where traditional rights intersect emerging technologies. This Note examines how unfettered arbitration decisions, even those made with the best of intentions, can corrupt a good dispute resolution policy, as is the case with the Uniform Domain Name Dispute Resolution Policy. The Note provides background information on ICANN, domain disputes regarding cybersquatting and reverse domain hijacking, and the Policy. It then explains how ICANN’s dispute resolution providers’ expansive decisions have weakened the Policy by removing the internal limitations that made it strong and effective. Finally, this Note offers a discussion of how the Policy can still be saved through the exercise of restraint by ICANN’s dispute resolution providers.

Recommended Citation

Stewart, Ian L. (2001) "The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted the Uniform Domain Name Dispute Resolution Policy," Federal Communications Law Journal: Vol. 53: Iss. 3, Article 5.
Available at: https://www.repository.law.indiana.edu/fclj/vol53/iss3/5

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