Author:

Keywords:

domain names, dispute settlement, Internet, enforcement of decisions, Social Sciences, Political Science, Public Administration, Government & Law

Abstract:

Dispute settlement in domain names, both for generic top level domain names (gTLDs) (but also for country code top level domain names (ccTLDs)) must be swift and definitive, i.e. with executory force. While there is access to national courts, arbitration or other forms of dispute settlement are needed in view of the time taken in national courts. Suspension of domain names is an integral part of the dispute settlement process, and occurs prior or parallel to transfer of the domain name as a result of a dispute settlement. The proposal for the establishment of a mandatory Uniform Rapid Suspension (URS) system was made in consideration of the introduction of yet new gTLDs as an addition to the Uniform Dispute Resolution System (UDRP), primarily through the work of an Implementation Recommendations Team (IRT) and through further consultations stimulated by the International Corporation for Assigned Names and Numbers (ICANN) and the Generic Names Supporting Organization (GNSO), the ICANN supporting organization concerned with domain name system policy. The article, written for e-lawyers and using legal style for this reason, reviews the May 2010 as well as the November 2010 draft, and the past and presently sustained criticism on the URS system proposal as against the goal of swift, enforceable dispute settlement for gTLDs.