Impact of free trade agreements on Internet domain name arbitration cases: A cross-national comparison of the Uniform Dispute Resolution Policy

Abstract

This study examined whether the presence of a free trade agreement (FTA) between the United States and a foreign country significantly affected the outcomes of Internet domain name dispute arbitration cases, conducted within the framework of the Uni- form Dispute Resolution Policy (UDRP). Data were collected for 2797 arbitration cases filed during the 2001–2019 period from ten countries, five with US FTAs and five without. Logistic regression analysis, with controls for additional variables, found that complainants are less likely to win in FTA countries. The expectation from political economic theories predicting that FTA negotiations are used to obtain favorable legal environments for US businesses and individuals is not supported. This finding suggests that a more complicated and nuanced relationship exists between FTAs and UDRP decisions.