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Accusations Of Bias In Domain Dispute Resolution
Michael Geist and five students at the University of Ottawa Law School have examined a number of rulings from the ICANN-established Uniform Domain Name Dispute Resolution Policy (UDRP), and found that the vast majority of rulings favour large, trademark-holding companies emerge victorious.
Success has come to these instigators in over 80% of the cases handled by the World Intellectual Property Organization (WIPO) and the National Arbitration Forum (NAF), who together process roughly 90% of disputes. The percentages are lower in the cases handled by two other arbitration organisations who handle the remaining cases, but still favour the complainants.
Geists analysis suggests that the ability of instigators to select their preferred arbitrator is having a significant bearing on outcomes.
The analysis is available for download in PDF format.
Further information is available at the following links:
- A searchable database of panelist UDRP records
- Web Arbitration Biased: Study
- Domain Disputes Don't Get Fair Hearing
- Law Expert Charges Bias in Domain-Dispute Arbitrations
www.triplezero.com.au
