ODRs:Going Beyond ICANN Downloaded from

ICANN…..A Highly Successful Business Model Step 1: Framing of the Rule of “First come and First served basis” for allocation of gTLDs Result: ‘Cybersquatting’. Solution: Go to ICANN’s approved ‘Dispute Resolution Service Provider’ and resolve issue under UDRP. Contd. Downloaded from

ICANN…..A Highly Successful Business Model Step 2: Introduce second level domain names Result: Second round of ‘Cybersquatting’ Solution: Go to ICANN’s approved ‘Dispute Resolution Service Provider’ and resolve issue under STOP ( Start-up Trademark Opposition Policy) Downloaded from

Moral of the Story….. Accept the limitations of ICANN’s Dispute Resolution Service Providers Adopt multi-member panel for ODRs Accredit panelists rather than providers Respondent selection of provider The establishment of caseload minimums and maximums Let us have an equitable and just deliverable model rather than a pure business model Downloaded from

ODRs Made Simple Downloaded from

s Exchange Discussion Boards Instant Messaging Video Conferencing Downloaded from

Examination of witnesses by way of video conferencing Downloaded from

State of Maharastra v Praful B. Desai, AIR 2003 SC 2053 It was held that “Video conferencing is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you i.e. in your presence…….In video-conferencing both parties are in presence of each other……. Downloaded from

Thus it is clear that so long as the accused and/or his pleader are present when evidence is recorded by video-conferencing that evidence is being recorded in the “presence” of the accused and would thus fully meet the requirements of Section 273 of the Criminal Procedure Code. Recording of such evidence would be as per “procedure established by law”. Downloaded from

Amitabh Bagchi v. Ena Bagchi, AIR 2005 Cal.11 It was held: that presence does not necessarily mean actual physical presence in the Court. Therefore there is no bar of examination of witness by way of Video Conferencing being essential part of electronic method. If it appears that electronic video conferencing is not only much cheaper but also facilitates the Court and avoids delay of justice, a practical outlook is to be taken by the Court….” Downloaded from

Innovations in ODRs Downloaded from

Blind Bidding Offer/counter offers by the parties, which are not disclosed to the parties. Offer and demand match – selected by the computer. Downloaded from

Online Negotiations Involves both online and offline interaction between/among the parties Engagement of a single/multiple facilitator Concessions received and granted Crystallization of the Framework for Agreement Downloaded from

Online Negotiation-cum-Mediation Online negotiations to resolve consumer related disputes A private Case Page is created for negotiations If case is not resolved the service provider assigns a mediator Downloaded from

Arbitration The entire process of arbitration is done using documents/ s Parties respond to arbitrator’s queries using only Decision send within 20 days Downloaded from

Peer Jury & Panel Jury In Peer Jury online trials, volunteer jurors select the cases they would like to decide, review the claims, pose questions and give their verdicts In Panel Jury trials, the parties choose specific jurors. Downloaded from

The life of the law has not been logic; it has been experience. Oliver Wendell Holmes, Jr. Downloaded from

Thanks Downloaded from