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 30

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