International Domain Name Dispute Expert Determination Mechanism

Domain name is the premise and foundation of any service provided under cyber circumstance. In order to solve the disputes of Domain name, as a new type of solution of civil and commercial disputes, panel's solution mechanism of domain name disputes has been established and developed under cyber circumstance. In panel's solution mechanism of international domain name disputes, because of the existence of plenty foreign factors and the de-nationization characteristics of domain name administrators, registrars, dispute solution providers and panelists, panel's solution mechanism of international domain name disputes causes some conflicts of law and regulation of relevant countries in some degree and brings about corresponding legal problems. This thesis aims to promote the beneficent development of panel's solution mechanism of international domain name disputes and protect the due privileges of parties through research on relevant legal problems in panel's solution mechanism of international domain name disputes, including application of law, jurisdiction of relevant suitcases and actionability of administrators and dispute solution providers.This thesis is divided into five parts to demonstrate the research on panel's solution mechanism of international domain name disputes. The first part is the outline of panel's solution mechanism of international domain name disputes, mainly discussing the main legal problems in panel's solution mechanism of international domain name disputes through demonstration of derivation, basic characteristics and legal property of this mechanism. The second, third and fourth parts discuss the possible problems from three concrete fields of regulations' property, application of laws and jurisdiction in sequence and bring forth corresponding opinions and suggestions of improving application rules of laws and avoiding conflicts of jurisdiction. Furthermore, as to the phenomenon of administrators', registrars' and providers' using standard clauses to eliminate the possibility of the parties' suit against them, the fifth part demonstrates the actionability of international domain name administrators, registrars and dispute solution providers through analyses of jurisprudence and legal effect of immunity clauses in UDRP regulation system.