The article notes the importance of looking into the position of Chinese federal courts to deal with cases brought by losing parties against the panel decisions in the administrative arbitration procedure. The author notes that federal courts do not give much consideration to panel decisions. Other problems also tend to arise as to the legal effect of panel decisions. The paper examines these problems, with reference to China’s current court practice. Part II of the paper offers an overview of the Uniform Domain Name Dispute Resolution Policy (“UDRP”) process, and its rules regarding possible court proceedings. Part III examines China’s current court practice in dealing with domain name disputes. Part IV argues that panel decisions should be final, and suggests means to dispel the concerns from various parties. Part V concludes that improvements in the UDRP procedures are vital to the continued success of the domain name system, and further development of online dispute resolution (“ODR”).
Yun Zhao, Reflection on the Finality of Panel's Decisions in Domain Name Dispute Resolution Process, With Reference to China's Practice, 26 J. Marshall J. Computer & Info. L. 395 (2009)