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Miscellaneous Information

The dispute resolution centers for domain names approved by ICANN presently include the following four centers.

1. WIPO Arbitration Center, Geneva

2.CPR Center for Dispute Resolution, New York

3.National Arbitration Center, Minneapolis

4.ADNDRC, Hong Kong, ( first dispute-resolution service provider in Asia authorized by the Internet Corporation for Assigned Names and Numbers to administer and provide neutral ground for disputes alleging registration abuses in the use of Internet domain names)

In India the process of appointment of arbitrators for resolving the disputes that may arise in respect of dot in domains has just begun. NIXI which has been entrusted with this job has a started registration process for empanelment of arbitrators. (Details available here)


Articles of Interest

UDRP..an article from murdoch.edu.au

ICANN and UDRP..Carlson.com.au

ODR News

List of ODR providers


Arbitration and Mediation:

Arbitration is a streamlined legal procedure used  to resolve legal disputes fairly and at low cost. An arbitration is a proceeding administered and managed by an independent third party for two or more parties with a legal dispute. The parties present their arguments and evidence to an arbitrator who in turn decides the case.

Mediation involves disputing parties assisted by a mediator, voluntarily attempting to reach their own agreement resolving their differences. Typically, an independent, neutral third party, a mediator, assists parties in negotiating the resolution of a dispute between them.

Arbitration is  legally binding though subject to appeal. Mediation though not legally binding offers a means of settlement of dispute through reconciliation between the disputing parties with the assistance of a mediator.


Arbitration Info at Research Center of Nishitdesai.com


Dot In Expression of Interest for Arbitrators


Consultation Paper on Arbitration and Mediation Rules


International Convention of Which India is a part

  1. The Geneva Protocol on Arbitration Clauses of 1923
  2. The Geneva Convention on the Execution of Foreign Arbitral Awards, 1927; and
  3. The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. India became a party to the 1958 Convention on 10th June, 1958 and ratified it on 13th July, 1961. 

There are no bilateral Conventions between India and any other country concerning arbitration.


“Alternative Dispute Resolution: Its Resonance in Muslim Thought and Future Directions”..article from iis.ac.uk .... Mohamed Keshavjee, LLM (London)


 

 

 


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