Legal Aspect the Execution of Arbitration Online Decision in Domain Name Dispute

DOI

10.2991/icobest-18.2018.9How to use a DOI?

Keywords

domain name, electronic commerce, online arbitration, final and binding, Execution of arbitration decisions.

Abstract

Domain name is one of the software in e-commerce as cyberspace activity that border less world. Issue arising from the activity in the virtual world is often to be a legal dispute, including unauthorized use of another person of the domain name currently become a legal dispute, and the settlement can be done through the judiciary or outside the judicial institution such as Online Arbitration. The problem which researched is how the implementation of the online arbitration decision in domain name dispute as well as the legal protection that should be obtained by users of well-intentioned domain names. Effort to obtain an overview of the execution of the online arbitration in domain name dispute, a study using the normative juridical method and the data obtained were analyzed by qualitative juridical. The result of research is arbitration as a dispute resolution currently does by the Internet (online arbitration), without any real meeting between the parties to the dispute. In practice, online arbitration decision is implemented online without any legal effort, especially because the arbitration decision is the final and binding for the parties. The execution of such online arbitration decisions is often deemed not to reflect a sense of justice for the parties and ultimately undertakes other remedies, where as the arbitral award cannot be made by appeals or cassation or judicial appeals as well as re-submission of the same case. Therefore, a well-intentioned domain name user must have legal protection in using his registered domain name.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Hetty Hassanah
AU  - Eman Suparman
PY  - 2018/11
DA  - 2018/11
TI  - Legal Aspect the Execution of Arbitration Online Decision in Domain Name Dispute
BT  - Proceedings of the International Conference on Business, Economic, Social Science and Humanities (ICOBEST 2018)
PB  - Atlantis Press
SP  - 36
EP  - 38
SN  - 2352-5398
UR  - https://doi.org/10.2991/icobest-18.2018.9
DO  - 10.2991/icobest-18.2018.9
ID  - Hassanah2018/11
ER  -