http://www.law.com/jsp/article.jsp?id=1045754124197
A dispute over the rights to an Internet domain name is not entitled to "extremely deferential" review in the federal courts because such proceedings do not fall under the Federal Arbitration Act, the 3rd U.S. Circuit Court of Appeals has ruled.
In Dluhos v. Strasberg, a unanimous three-judge panel found that the dispute resolution policies established by the Internet Corporation for Assigned Names and Numbers does not qualify as a true arbitration under the FAA. (Federal Arbitration Act)
As a result, the court found that "judicial review of those decisions is not restricted to a motion to vacate [the] arbitration award under Section 10 of the FAA, which applies only to binding proceedings likely to realistically settle the dispute."
A dispute over the rights to an Internet domain name is not entitled to "extremely deferential" review in the federal courts because such proceedings do not fall under the Federal Arbitration Act, the 3rd U.S. Circuit Court of Appeals has ruled.
In Dluhos v. Strasberg, a unanimous three-judge panel found that the dispute resolution policies established by the Internet Corporation for Assigned Names and Numbers does not qualify as a true arbitration under the FAA. (Federal Arbitration Act)
As a result, the court found that "judicial review of those decisions is not restricted to a motion to vacate [the] arbitration award under Section 10 of the FAA, which applies only to binding proceedings likely to realistically settle the dispute."