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

[Marc Schneiders <marc@venster.nl>]

Dear Andreas,

On Wed, 23 Aug 2000, Andreas Fügner wrote:

> 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.

There is a light problem here :-) It is that the rules you quote to
support your assertions have nothing to do with the UDRP. They are general
principles used by WIPO in all sorts of cases. The specific UDRP procedure
used by WIPO may be found at:

http://arbiter.wipo.int/domains/registrar/overview.html

There it says in no unclear terms that there is just one way out of UDRP:
start a lawsuit. Even then UDRP continues with the case. The more specific
rules take precedence over general WIPO practices. Anyway, ICANN's text,
which is what matters, is very clear. If there was a way out of UDRP many
would have tried that. But there isn't. Really. 
The text you quote has nothing to do with UDRP. 

 > > 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.

No, no, no. That is not for the UDRP!

> You just write NO, I do not want to.

Again: that makes no difference. "Mandatory" is the word.

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

It did. And it had to. What use would a UDRP be, if the party that has
the domain can opt out of it? Just think...

> Finally I would like to correct the reception,
> that UDRP always leads to transfer:
> 
> Please see:
> http://arbiter.wipo.int/domains/statistics/results.html

It doesn't always lead to transfer. Who said it did? There are too many
transfers. Some transfers are quite right. Too many are not.

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

Me too.

By the way, have you noticed WIPO has made UDRP a bit more expensive?

--
Marc Schneiders ------- Venster - http://www.venster.nl 
 marc@venster.nl - marc@bijt.net - marc@schneiders.org