ICANN Announces New Dispute Resolution Provider in the Asia Pacific Region
Marina del Rey, California, USA (3 December 2001) — The Internet Corporation for Assigned Names and Numbers (ICANN) today announced the addition of a new name dispute resolution provider that will offer a regionally-accessible capability for the Asian community. The Asian Domain Name Dispute Resolution Centre (ADNDRC) has been authorized under ICANN’s Uniform Dispute Resolution Policy (UDRP).
ADNDRC is committed to provide neutral panelists familiar with Asian languages, both in Asia and throughout the world. ADNDRC was formed by the Hong Kong International Arbitration Centre (HKIAC) and the China International Economic and Trade Arbitration Commission (CIETAC) as a result of discussions over the past year. It will offer services elsewhere by joining with high-quality arbitration providers in other countries.
ICANN’s UDRP offers a cheaper and faster alternative to the courts for name dispute resolution. It applies to disputes within the generic top-level domains, .com, .net, and .org, and to the recently introduced .biz, .info, .name, .museum, and .coop.
ADNDRC will begin accepting disputes on 28 February 2002, through the offices of its centers in Beijing and Hong Kong. For the first two months of operation it will initially accept a maximum of 20 proceedings per month but plans to expand to accept over 200 per month.
“This will make dispute resolution easier for people and institutions from Asian countries,” noted Stuart Lynn, President and CEO of ICANN. “The rapid expansion of the Internet in Asia has made clear the need for a regionally-accessible provider”.
ADNDRC joins three other dispute-resolution providers that have been designated by ICANN: New York-based CPR Center for Dispute Resolution; Minneapolis-based National Arbitration Forum; and the Geneva-based World Intellectual Property Organization.
North-American-based provider, eResolution, ceased operations last week for economic reasons. ICANN thanks eResolution for its involvement in the formative years of the UDRP program, and wishes it success in pursuing its other activities.
About HKIAC: HKIAC, established in 1985 to assist disputing parties solve disputes by arbitration and by other means of dispute resolution, is widely respected throughout the international community as the focus for Asia of dispute resolutions. Specializing in Asian languages, HKIAC’s caseload ranks second after that of CIETAC. HKIAC has signed 18 cooperative agreements with other International ADR institutions, including the American Arbitration Association and the International Court of Arbitration of the International Chamber of Commerce. HKIAC, the dispute resolution provider for the ccTLD .hk, was the first Asian institution to settle international domain-name disputes. HKIAC’s website is http://www.hkiac.org.
About CIETAC: CIETAC, established in 1956, is the international commercial arbitration institution in China and is headquartered in Beijing. The Shenzhen Sub-Commission and Shanghai Sub-Commission were established respectively in 1989 and 1990 in view of the expansion of arbitration services. CIETAC’s, caseload has increased with the rapid development of the Chinese economy and demand for the resolution of international or foreign-related disputes. CIETAC’s website is http://www.cietac-sz.org.cn.
About the UDRP: The UDRP was adopted in August 1999 and placed into effect by all competitive registrars in .com, .org and .net during December 1999 – January 2000. It also now applies in the newly added gTLDs, .biz, .info, coop, .name, and .museum, and in many country-code (two-letter) top-level domains. The UDRP establishes a streamlined, economical process administered by neutral arbitration companies to provide a quick and cheap alternative to litigation. The procedure applies to cases that meet all three of the following criteria:
* The domain name must be identical or confusingly similar to a name in which the complaining party has trademark rights (either through a registered trademark or a common-law trademark).
* The domain name holder must have no legitimate right or interest in the name.
* The domain name must have been registered and used in bad faith.
The UDRP has proven to be a very popular means of quickly resolving trademark/domain name disputes. To date, 4,819 proceedings have been commenced under the policy involving 8,262 domain names. Of those proceedings, 4,441 have already been resolved. For additional information on UDRP, see http://www.icann.org/udrp/.
3 December 2001 (source: www.icann.org)