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

[Marc Schneiders <marc@venster.nl>]

On Wed, 23 Aug 2000, Andreas Fügner wrote:

[...]
> >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.

As I said more than once, and as Alexander implied, these are *not*
appicable to the UDRP. You might as well quote the Bible.

> >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.

It is stupid, yes. But that has nothing to do with what we are
discussing: Is there a way to refuse to be UDRP-ed. There is *not*.

> >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.

Please, study the *relevant* docs.

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