ABSTRACT
The institutional problem of the UDRP is not only associated with the process followed in its creation by ICANN and the unsuccessful attempt of the UDRP to evolve into a self-reliant mechanism and follow the paradigms of lex mercatoria and arbitration. The institutional problem of the UDRP is also associated with the amount of procedural unfairness that characterises the operation of the Policy, the interpretation of its rules and the behaviour towards individual registrants.
