The dissertation revolves around the notion of arbitration as one of the Alternative
Dispute Resolutions and focuses chiefly on the disputes concerning domain names.
The Alternative Dispute Resolutions (ADR), are highly promoted by the European Union
– their effectiveness and relatively lower costs allure not only those parties that are willing
to promptly solve their conflicts but they are also appealing to the overloaded judicial
system. The Council of Europe has started to recommend the popularisation of the ADR
since the 1980’s, but it is 1990’s when the actions have taken more substantial shape, with a
view to indicate new solutions in the process of implementing the ADR methods that have
been recognised as a remedy for the inimical judicial system.
In Poland, however, the ADR methods still cannot gain popularity: the situation has its
roots in the low social awareness of the extrajudicial dispute resolutions. Although
mediation and arbitration are not sufficiently used, their effectiveness in various fields of
judicial domain causes growing interest in these particular forms of the ADR.
The Internet is the fastest-growing medium ever created, taking a myriad of functions and
constantly developing in ways that escape any predictions. Such unlimited sprawl of the
Internet and the evergrowing number of users have caused unprecedented problems.
Since the 1990’s the courts of various countries have been faced with new types of disputes
– the ones concerning the Internet. The Net and its unlimited reach have generated
unexampled conflicts and therefore, have forced the creators of law to use modern and
effective legislative solutions. One of the most common fields of conflict concerns the
domain names. Their importance to the turnover of a company is undeniable, and an
adequately chosen domain name can determine company’s success. At the same time,
unlimited possibilities of buying domains have resulted in „domain rush” and chaos on
the market. The lack of previous regulation triggered a vast number of conflicts and
consequently, new legislative solutions based on the ADR had to be implemented. This
kind of formula has proved successful both in the USA and the EU, and the dissertation
aims at an analysis of the status quo.
The main goal of my research according to SYLFF SRA was to make a comparative legal
studies. I wanted to compare Polish and foreign regulations in the field of using
arbitration in case of Internet names. During my stay in Netherlands and Belgium I had an
opportunity to gather materials, compare statistics, analyze acts. I establish many valuable
contacts with professors and arbitrators. All of that helped me to understand advantages
and disadvantages of using alternative dispute resolutions. Without SYLFF SRA I
wouldn’t be able to finish my doctoral thesis and make comparative legal studies, that I
wanted. Additionally, I will be able to write few articles that will be published in Poland.
I’m planning to use many materials from my research during lectures with students in
following academic year. And finally, as a member of Centre of ADR at Jagiellonian
University (home institution), I’m planning to promote ADR in academic environment.
Research abroad was an opportunity to observe similar initiatives at foreign universities
which, for sure, was be great inspiration.