Inconsistent domain name decisions ignore set policy

ARBITRATION: rulings could fall in favour of big businesses

Plans to implement a binding arbitration system for UK domain name disputes could lead to inconsistent decisions in favour of big business, a solicitor has cautioned.John Warchus, IT and e-commerce partner at Surrey-based Shadbolt & Co, raised the concerns following research on the international arbitration scheme run by the Internet Corporation for Assigned Names and Numbers.The report, by Syracuse University in New York, analysed the arbitration panel's first 500 decisions.

It found that arbitrators are ignoring the uniform domain name resolution policy on a regular basis, placing too much emphasis on whether the domain name was registered or being used in bad faith.'In some of the worst decisions, the panellists appear to ignore both the language and intent of the policy and set themselves up as judges of who has a more meritorious claim on a name,' the report complains.

Mr Warchus said he feared that the UK registry, Nominet, will also fall foul if plans go through to set up a similar system for .co.uk domain names, based on international rules.

He said: 'It will be interesting to see whether Nominet takes a stronger line in trying to ensure greater consistency in decisions under its reformed dispute resolution service, and that any actions which involve factual disputes are resolved by the courts.'Mr Warchus's warning came in the same week that new Internet domains were launched.

Businesses can now register names ending in .biz and .infoPaula Rohan