The capacity gap exists in insufficient institutional and expert capacity of national court and
juridical system to deal with the jurisdiction aspects of Internet public policy issues.
5.2 Arbitration
Arbitration is a dispute resolution mechanism. Typically, arbitration is established by a
private contract with parties agreeing to settle any future disputes through arbitration. In
comparison to traditional courts, arbitration offers the following advantages: higher
flexibility, lower expenses, faster resolution of disputes, and the easier enforcement of
arbitration awards. International arbitration within the business sector has a long-standing
tradition.
Status of governance mechanisms for arbitration
The main international instrument is the United Nations Commission on International Trade
Law (UNCITRAL) 1985 Model Law on International Commercial Arbitration. The
enforcement of arbitration awards is regulated by the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. The most successful example of
the use of arbitration in online matters is the Universal Domain-Name Dispute-Resolution
Policy (UDRP), which is accredited by ICANN as the primary dispute resolution procedure.
The WIPO Arbitration and Mediation Center provides services for UDRP. In addition, there
are four other UDRP service providers, The Asian Domain Name Dispute Resolution Centre,
the National Arbitration Forum of the United States, The Czech Arbitration Court Arbitration
Center for Internet Disputes for the EU, and the Arab Center for Domain Name Dispute
Resolution.
Possible gaps in dealing with arbitration
There is a knowledge gap in the research on applicability of arbitration mechanisms to
Internet public policy issues as well as in sharing experience regarding the relevance of
UDRP to other fields of online disputes (e.g. defamation).
5.3 Copyright
Copyright protects the expression of an idea when it is materialised in various forms, such as
a book, CD, or computer file. Copyright is based on two main elements: the protection of
authors’ rights and protection of the public interest. Striking the right balance between these
two elements remains one of the main challenges for copyright on the Internet.
Status of governance mechanisms for copyright
The main governance approach is that existing copyright regulations could be applied to the
Internet with minor adjustments mainly related to ‘dematerialising’ copyright. This approach
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