ODRs:Going Beyond ICANN

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ODRsGoing Beyond ICANN
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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 ICANNs approved Dispute
  Resolution Service Provider and resolve issue
  under UDRP.
• Contd.

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ICANN..A Highly Successful Business Model

• Step 2 Introduce second level domain names
• Result Second round of Cybersquatting
• Solution Go to ICANNs approved Dispute
  Resolution Service Provider and resolve issue
  under STOP (Start-up Trademark Opposition Policy)

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Moral of the Story..

• Accept the limitations of ICANNs 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

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ODRs Made Simple
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• E-mails Exchange
• Discussion Boards
• Instant Messaging
• Video Conferencing

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Examination of witnesses by way of video
conferencing
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• 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.

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• 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.

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• 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.

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Innovations in ODRs
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Blind Bidding

• Offer/counter offers by the parties, which are
  not disclosed to the parties.
• Offer and demand match selected by the
  computer.
• www.cybersettle.com

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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
• www.smartsettle.com

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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
• www.squareTrade.com

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E-mail Arbitration

• The entire process of arbitration is done using
  documents/emails
• Parties respond to arbitrators queries using
  email only
• Decision send within 20 days
• www.webdispute.com

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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.
• www.icourthouse.com

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The life of the law has not been logic it has
been experience. 

• Oliver Wendell Holmes, Jr.

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• Thanks