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

[Jefsey Morfin <jefsey@wanadoo.fr>]

Gentlemen,
as this discussion develops, I suppose we should notice
something very strange. As noted the URDP follows its
own rules. So the quoted package below 
>-- the UDRP itself
>-- the UDRP Rules of Procedure and
>-- the supplemental rules of the dispute resolution provider.
is the only reference that panelist(s) may consider. Right?

Then tell me then how they can discuss domain names?

The URDP documents starts as any contract in defining 
its terms. These terms are: 

Complainant 
ICANN 
Mutual Jurisdiction
Panel 
Panelist 
Party 
Policy 
Provider 
Registrar 
Registration Agreement 
Respondent 
Reverse Domain Name Hijacking
Supplemental Rules 

Domain names are not defined. 

I am sorry, the URDP may aply to anything you want but 
cannot apply to undefined matters such as domain names. 
Period.
Jefsey

At 18:15 23/08/00, you wrote:
> 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