A country road: domain name disputes in .nz—is private dispute resolution working?. (31st January 2020)

• Record Type: Journal Article
• Authors: Liddicoat, Joy
• Is Part Of: International journal of law and information technology. Volume 27:Number 4(2019)
• Page Start: 409
• Page End: 436
• Publication Date: 2020-01-31
• Subjects: domain names -- disputes -- abusive registration -- country code top level domains -- alternative dispute resolution theory -- trademark rights; Computers -- Law and legislation -- Periodicals; Legal research -- Data processing -- Periodicals; Information storage and retrieval systems -- Law -- Periodicals; Information technology -- Periodicals; 343.0999
• DOI: 10.1093/ijlit/eaz013
• Languages: English
• ISSNs: 0967-0769

Abstract

Abstract: Domain name dispute literature focuses largely on generic top level domains and the Uniform Dispute Resolution Policy. Country code top level domains (ccTLDs) attract far less commentary. This article addresses this gap with a detailed evaluation of one ccTLD dispute resolution system: .nz. Evaluation of domain name disputes presents unique challenges: there is no single system for resolving disputes, diverse legal tests apply across jurisdictions and categories of disputes vary. The article examines .nz in light of these challenges, developing and applying evaluation criteria to draw conclusions about the number and categories of disputes, resolution rates and overall effectiveness. The article analyses cases, including appeals, under the "unfair registration" test which contrasts with Nominet's .uk dispute resolution policy on which the New Zealand system was closely modelled. The author concludes .nz operates a just and workable dispute resolution service that demonstrates effective and responsible ccTLD administration.