Domain disputes in India are handled by Arbitrator’s appointed by the National Internet Exchange of India (commonly known as niXi).
Last year when I attended the DomainX Conference in Bangalore, I met several of these Arbitrator’s, and had a good chat with them about the differences in dispute resolution between India and Australia.
One of these gentlemen has become a good friend, and we often communicate online. Ankkur Raheja is a Cyber Lawyer & Arbitrator based in Delhi. He provides a range of services as detailed on his website. So if anyone ever needs any advice about doing business in India, I’d be happy to introduce you.
Hopefully I can convince Ankkur to do a guest blog article soon on doing cyber business in India. Also I will ask him to address the differences in dispute resolution between India and Australia. As I have written previously, some of these concern me greatly. In particular, as I understand it, an Arbitrator has the power to award costs / damages against a party. Check out Q7 and Q8 of this summation. Why that is potentially worrying is that Respondents don’t generally win in India! 😉 Have a look at the graph on this site.
I was just made aware that Dell has launched a record 19 .IN domain disputes under the INDRP system.
Interestingly, instead of being handled en masse by one Arbitrator, each of the 19 disputes is being dealt with by separate panelists. As I understand it, the Indian system operates on a rotational basis – as disputes arise, they take it in turns. Good way to share the business around. 😉
Though having said that, I suppose there may well be a number of separate registrants – and Dell has just decided to have a go at all “offenders” at the same time.
Given that costs / damages can be awarded, this could well be an expensive exercise for the current registrants! Ouch.