Public Consultation of IEDR Dispute Resolution Policy Imminent

ICANN has been prudent and refrained from interfering with the type of dispute resolution procedures that national registries should implement, although they have, through WIPO, produced a best practice guide based on the UDRP. Since many small or unsophisticated registries want to avoid being burdened with having to create their own policies they look to ICANN’s UDRP for advice. Whilst some, like Nominet, the UK registry for domain names ending in .uk, have chosen not to use the UDRP as a template, the fact remains that a significant number do, and thus ICANN indirectly controls the way in which disputes are handled in those countries. As such, many of the decisions taken by panellists operating under ccTLD dispute resolution systems will be in line with UDRP panellists. Given that all ccTLD registries maintain the appropriate name servers and zone files for their respective ccTLDs, ccTLD managers determine which domain names will be visible in cyberspace in accordance with the decisions of their panellists. Thus, the implementation of these decisions very often reflects ICANN ideology.
The same seems to happen in the case of Ireland and this is exactly what ICANN aimed for; to create some sort of a system that national registries will implement and concurrently ICANN will be able to control national disputes and the way they are decided. It is rather unfortunate that national registries are not more imaginative and determined in order to devise their own dispute resolution system. The UDRP is not a model upon which national registries should depend and create their own system, as the Policy has a lot of flaws and contradicts basic rules or arbitration.

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