This article discusses domain name disputes with particular reference to the questions of assumption of jurisdiction over disputes and the enforcement of remedies. This part examines, on a comparative basis, how these questions are dealt with as 'hard law' under the New York Convention and the Washington (ICSID) Convention, and as 'soft law' under the ICC's Uniform Customs and Practice for Documentary Credits and WIPO's Joint Recommendation 2001. Part 2 of the article, which will be published in the October 2006 edition of Asian DR, will discuss the resolution of domain name disputes under the ICANN Uniform Domain Name Dispute Resolution Policy and under WIPO's procedures.
Asian Dispute Review