Domain name has become a necessity these days. Whether it is a multi national company or a small business, all of them needs domain name. This is primarily due to the fact that web presence is a must these days.This necessity has given rise to an evil practice known as cyber squatting. Cyber squatting is the practice of registering a domain name of well known person, institution or company in the hope that the same may be resold on higher prices to the stakeholder.
In India we do not have a law regarding cyber squatting and the same is dealt with either under the trademarks act 1999 or the torts law. That is why we need an effective and alternative dispute resolution mechanism for domain names.
India has many good arbitrators and domain name dispute resolving experts. India also has ad hoc arbitrators and institutionalised arbitration. India also has the specialised alternative dispute resolution (ADR) and online disputer resolution (ODR) Centre.
If your matter or dispute falls under highly technical field like cyber law, cyber forensics, cyber security, etc, even the same can be effectively and professionally handled in India. India has the exclusive techno legal ODR services providing platform of the world.
However, India has to make its arbitration law more effective. India also has to take steps in the direction of making international commercial arbitration more effective in India. If India reforms some of the pressing needs of ADR and ODR, it can become a hub for international arbitration.
