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

[Alexander Svensson <svensson@icannchannel.de>]

Dear Andreas,

pardon me for cutting in ;) -- I think that Marc 
really is right here and that any discussion 
about the UDRP should focus on the application
of the UDRP, not about whether it is voluntary
or not -- it isn't for the respondent.

> 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".

Not too magic.
The arbitration does not follow general arbitration rules.
There are three only sets of rules important for the UDRP:
-- the UDRP itself
-- the UDRP Rules of Procedure and
-- the supplemental rules of the dispute resolution provider.

The UDRP Rules of Procedure are available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm

It says there
  If a Respondent does not submit a response, in the absence 
  of exceptional circumstances, the Panel shall decide the 
  dispute based upon the complaint.

There is no way the respondent can just say: "I just don't
want any UDRP decision." That's the whole point in the UDRP.

Best regards,
/// Alexander