Arbitration
| Autor | Luã Fergus and Laila Lorenzon |
| Páginas | 47-50 |
47
Arbitration
7 Arbitration
Luã Fergus and Laila Lorenzon
The World Intellectual Property Organization (WIPO, 2020a) defines
‘arbitration’ as a “procedure in which a dispute is submitted, by
agreement of the parties, to one or more arbitrators who make a
binding decision on the dispute. In choosing arbitration, the parties
opt for a private dispute resolution procedure instead of going to
court”. A more straightforward definition given by the Cambridge
Dictionary states that the arbitration process is a way of “solving an
argument between people by helping them to agree to a standard
and acceptable solution”. It is essential to highlight that both sides in
the dispute must agree to pursue an arbitral solution, that is, to have
the matter solved through the mediation of an arbitrator.
Arbitration is a type of dispute/conflict resolution method. In its
process, the parties that have previously agreed to arbitration can
settle the dispute outside of the courtroom. That way, it is usually
much faster than legal procedures for its informality and privacy,
and the reason why this procedure is often chosen rather than the
litigation process. An impartial third party, the arbitrator, resolves
the disputes, and their decision is legally binding for all parties.
As for the online process of arbitration, its premise follows the same
path. The difference is that conflicts can be resolved entirely online
by video calls for hearings and software for uploads of evidence
(documents, photos, videos, etc.). Thus, online arbitration makes it
possible to resolve disputes without one having to appear in person,
and, by that, it minimizes the costs of the process.
The most prominent example of online arbitration is in disputes over
Internet domains (Mania, 2015). One can make a parallel between
domain names on the Internet and the system of business identifiers
protected by intellectual property rights and has existed long before
the arrival of the Internet. Arbitration processes are helpful to solve
conflicts regarding both issues. The most common reason for disputes
over Internet domain names comes from the practice known as
‘cybersquatting’ – when a random person registers a domain name
under famous people or business trademarks and offers them for
sale at prices far beyond the cost of registration.
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