If we go to court over a domain name dispute, which country's laws apply?

 

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Laurie Heizler

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19. If we go to court over a domain name dispute, which country's laws apply?

A court case might be heard:
  • In the country where the domain name was registered: for example, in the UK for a .uk domain name.
  • In the country where the plaintiff suffered damage. For a libel case, this might conceivably be anywhere in the world where the website can be seen.
  • In the defendant's home country.
The choice of country can make a significant difference to each party's costs, the prospects of success, and the likely scale of any damages. At the start of any international dispute, both claimant and defendant may present arguments to the court as to why it should or should not hear the case. Expert advice is essential.