Domain Name Arbitration

Domain name arbitration is a process in which the complainant and the original holder of the domain name try to work out a reasonable agreement as to who actually has the rights to the domain name in question. The arbitration in itself is done through the Uniform Domain Name Dispute Resolution Policy, (also known as UDRP). This is a special arbitration method set forth by the ICANN (Internet Corporation for Assigned Names and Numbers) organization. It is used for most domain name disputes, because it is cheaper and less time-consuming than 'traditional' litigation.

In order to initiate a domain name arbitration proceeding, a webmaster must go through a provider that has been approved by ICANN to handle such disputes. Once the arbitration begins, the provider will first determine if the complainant has merit in their claim. They will do this by evaluating whether the domain name in question is similar to a trademark or domain name set forth by the claimant.

They will then determine what rights the claimant has to the title along with whether or not the domain was chosen accidentally or with the intention of taking advantage of the claimant's brand popularity. If it is found the domain name was chosen in bad faith, rights to it will be granted to the claimant. Otherwise, the original owner will retain possession of the disputed domain name.

In conclusion, domain name arbitration is a great alternative to avoiding taking a domain name dispute into a courtroom, at least initially. There is the option to go to court if either side feels an arbitration isn't fair. Yet, for most webmasters, the decisions made by the UDRP panel are good enough for them, since getting their consul is a lot cheaper than going to a judge.