Domain name disputes are increasing day by days these days. This is primarily attributable to cyber squatting episodes. The growing cyber squatting incidences require strong domain name protection and effective domain name dispute resolution mechanism.The present domain names are based upon IPv4 and very soon India would adopt the IPv6 framework. This would also add its own share of domain name dispute that have to be handled effectively.
All over the world individuals, organisations and nations are working in the direction of using online dispute resolution (ODR) mechanism for resolving various disputes, including domain name disputes. The World Intellectual Property Organisation (WIPO) has been using ODR mechanism to resolve disputes for long.
In India, we have selective institutions that are providing alternative dispute resolution (ADR) services. Even fewer are institutions providing ODR services and just a single platform providing techno- legal ODR services.
The limited growth of ADR and ODR in India is primarily attributable to lack of awareness among the individuals and companies engaged in disputes. Further, even the laws in this regard are not appropriate.
The Arbitration and Conciliation Act, 1996 is the sole ADR law of India and there is no dedicated law regarding ODR in India. Although arbitration services in India are for long yet they have to match the international standards. This is the reason why Law Minister Veerappa Moily is considering amendments in the ADR law of India.
With the ADR law in the process of amendments and India’s stand to shift to IPv6 the future of Indian domain name dispute resolution institutions seems to be bright.
