Domain-Name Arbitration in the Arbitration-Law Context: Consent to, and Fairness in, the UDRP by Stephen J. Ware (University of Kansas – School of Law/Journal of Small and Emerging Business Law)

Abstract: In this Article, Professor Ware surveys many of the arbitration systems that have been attacked for lacking consent or fairness. The Article begins by introducing the domain-name arbitration system and summarizing the charges that it lacks consent or fairness. This Article asserts, however, that research reveals no sustained critique that domain-name arbitration lacks consent. The Article next provides what may be the first sustained analysis of consent issues in domain-name arbitration. Professor Ware concludes the article by placing domain-name arbitration in the context of arbitration generally, and, within that context, assesses the fairness of domain-name arbitration.
http://ssrn.com/abstract=992356