期刊名称：Michigan Telecommunications and Technology Law Review
印刷版ISSN：1528-8625
出版年度：2005
卷号：11
期号：2
页码：285-380
出版社：University of Michigan Law School
摘要：We present a thorough analysis of one of the ADR regimes that is considered a significant success in Internet markets, the Uniform Dispute Resolution Policy (UDRP) implemented by the Internet Corporation for Assigned Names and Numbers (ICANN). In this work, we perform a complete empirical analysis of the UDRP and evaluate its performance. We then extrapolate the results to other sectors of the Internet market and to private dispute resolution in general.[...] In this paper, we thoroughly critique the performance of the UDRP providers and identify the main variables that determine ICANN's efficiency. For example, one of the key variables, and also a main concern of ICANN, is the duration of the procedure to decide these cases. We analyze the decisions of the complainants in deciding to send their claim to a particular dispute resolution provider. Using a multinomial logit regression model to determine if complainants select the provider based on bias or the duration of the procedure, we show that duration is at least as important as bias in selecting providers. This is a key finding because our results show that the emphasis of other theoretical and empirical work that has exclusively concentrated on the effects of bias is misplaced. Consequently, we recommend that more attention should be paid to other performance and efficiency indicators, particularly the indicators proposed in this paper. In our empirical analysis, we used the duration of the cases as the variable to measure the general efficiency of each provider. Additionally, we applied regression models based on the analysis of the system's duration to identify different factors that determine the system's performance. In studying the actual performance of providers, we have found that the UDRP providers have different duration functions. Moreover, because there are different procedures, different review processes, and different technologies used to handle these cases, forum shopping is very likely to exist. This existence of forum shopping based on the performance of the providers is different from forum shopping based on the bias of the provider towards the complainant. These results are supported by: (1) the fact that the two most important domain name dispute resolution providers are located at the extremes of the possible technological structures of the UDRP; and (2) the fact that the providers have an unambiguous bias for specific countries. This finding is important because most of the literature discussing provider bias focuses on bias between particular individuals. In
关键词：Arbitration; Alternative Dispute Resolution; Internet; Uniform Dispute Resolution Policy; Internet Corporation for Assigned Names and Numbers; Empirical studies; Domain names; Websites
