Re: [ICANN-EU] The real challenge for all of us as candidates

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Marc:

Here is your requested proof.


Under http://www.icann.org/udrp/udrp-policy-24oct99.htm ICANN says:
"You are required to submit to a mandatory administrative proceeding
in the event that a third party (a "complainant") asserts to the applicable
Provider, in compliance with the Rules of Procedure, ...."

It might sound, as if UDRP was mandatory.
PLEASE, note the magic words "in compliance with the Rules of Procedure".

At http://arbiter.wipo.int/mediation/index.html and
http://arbiter.wipo.int/arbitration/index.html you will read,
that mediation and arbitration are voluntary.

You can "at any time before signing an agreement with the opponent"
and that of course includes at the very beginning inform the mediator/
arbitrator about your unwillingness to (further) participate.

You just write NO, I do not want to.

ICANN did not change the international accepted rules
of what is called Alternative Dispute Resolution (ADR)
and contents of mediation, arbitration and alike.

Finally I would like to correct the reception,
that UDRP always leads to transfer:

Please see:
http://arbiter.wipo.int/domains/statistics/results.html


Dear Marc, if my language sounded patronizing or arrogant,
I hereby apologize.

Andreas Fuegner