Media

Arbitrator rules on first domain dust-up

The Australian Financial Review - 13 January 2003
By Ben Woodhead

New rules capping internet domain name dispute arbitration proceedings have produced their first success, paving the way for faster and cheaper resolutions.

The case, involving the Australian Drivers Rights Association and Australian Dust Removalists Association was the first dispute resolved under the .au Domain Name Administration's (auDA) new arbitration rules introduced last August.

The dispute started when the Australian Dust Removalists Association registered the adra.com.au domain after the Australian Drivers Rights Association allowed its right to use the name to lapse in July.

The Australian Drivers Rights Association sought arbitration from auDA-approved dispute resolution provider, the Institute of Arbitrators & Mediators Australia, which found in favour of the Australian Dust Removalists Association.

IAMA acting chief executive officer Graham Keen said the result marked the beginning of cheaper and fairer dispute resolution under auDA's new regulations.

The new rules limit the time complainants and respondents have to submit responses to arbitrators and limit submissions to arbitrators to documents only. Under the old rules, either party could make unlimited submissions and call witnesses.

Costs are now capped at $1500 for complainants seeking settlement by a single arbitrator, or $3000 for a panel of three.

Mr Keen said that while the result was good news it would be still several years before all disputes were being resolved under the new rules. Domain name holders are obliged to follow the new procedures only if they have registered or re-registers a domain after August last year.

Domain name disputes are usually caused by two parties wanting the same domain name, or when a domain name has been bought purely to be resold for a profit.

Other auDA-approved dispute resolution providers include Leading Edge Alternative Dispute Resolvers, The Chartered Institute of Arbitrators - Australian Branch and the World Intellectual Property Organisation. Approved arbitrators can be approached directly or sought through auDA.

We gratefully acknowledge the permission from Ben Woodhead and the Australian Financial Review to reprint ths article.