The .in Dispute Resolution Policy (INDRP) is applicable to .in domain names. The INDRP, unlike the UDRP, does not provide in itself for the resolving of the domain name disputes through a court of law. The INDRP provides only for the resolving of the disputes arising over a domain name only through arbitration process according to the Arbitration and Conciliation Act, 1996. The INDRP contains in itself the arbitration agreement as required under Section 7 of the Arbitration and Conciliation Act, 1996 between the domain name registrant and the .in registrar.

 Citi Corp. Case

In the year 2006, the High Court of Delhi has held that the disputes involving .in domain names would continue to fall within the jurisdiction of the civil courts in India in case of Citi Corp and Another Vs. Todi Investors and Another.

The core reasons forming the foundation of this decision were:

1. There is no specific ouster of the jurisdiction of the civil courts of India in the INDRP
2. The remedy found in the INDRP is merely an alternative dispute resolution policy and it shall not derogate the remedies found in the common law.
3. The scope of ADR in the INDRP is limited to requiring the “cancellation of the Registrant's domain name or the transfer of the Registrant's domain name registration to the Complainant" whereas the scope of a remedy found in common law are far larger.
4. The Apex Court of India has ruled in the case of Satyam Infoway Ltd. V. Sifynet Solutions Pvt. Ltd. that the UDRP policy would not prevent either the domain name registrant or the aggrieved party from submitting the dispute to a court of law.
5. The INDRP tries to fill the lacuna of an exhaustive legislation in the domain name disputes, but in the result does by no means tantamount the jurisdiction of the Civil Courts, more so, in case where the infringement of trade-name or trademark and passing off are alleged.
6. There is no arbitration agreement between the domain name registrant and the aggrieved party. The INDR policy is entered between the domain name registrar and the domain name registrant. It provides that the domain name registrant would submit himself to arbitration proceedings where dispute arises over holding and use of a domain name between the registrant and any third party.
7. The Court does not have the statutory mandate to refer the dispute to an arbitrator in the absence of an arbitration agreement between the parties.

In view of the above reasons, a domain name dispute involving an .in domain name would still fall within the jurisdiction of the civil court in India. After the pronouncement of the above decision in the year 2006, Indian Courts have witnessed several litigations involving .in domain names.

Domain Name Disputes India handles the litigation involving .in domain names representing the domain name registrant and the aggrieved party. Mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it for further information on claiming your rights.