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

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

Dear Alexander:


>pardon me for cutting in ;) 

No need to, this still is a public discussion :-)

>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.
>


Yes, and I referred to the "supplemental rules of the dispute
resolution provider" (here WIPO) at the next paragraph

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 of the process inform 
the mediator/arbitrator about your unwillingness to (further) participate.


>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.


I wrote earlier: 
No reponse is not a sufficiant action.

>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.

Please see above.

Best regards,

Andreas Fuegner