[ICANN-EU] Fw: UDRP

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

-----Ursprüngliche Nachricht-----
Von: Erik Wilbers <erik.wilbers@wipo.int>
An: Andreas.Fuegner@lizenz.com <Andreas.Fuegner@lizenz.com>
Datum: Donnerstag, 24. August 2000 11:38
Betreff: Re: UDRP


Dear Sir,

Thank you for your email.  Perhaps this question is based on a
misunderstanding of the enforceability of arbitration and similar 'adr'
mechanisms.  Once a contract provides for such a dispute resolution
mechanism, the parties are bound to it, i.e. they cannot unilaterally
abandon it.

(The situation is different with mediation, which is basically a form of
assisted negotiation.  Parties who are tied to a mediation clause have
committed to at least making a good faith effort, but, as in negotiation,
can abandon the process.)

I hope this is useful.

Sincerely,
Erik Wilbers
Senior Counsellor
WIPO Arbitration and Mediation Center




>>> "Andreas Fügner" <Andreas.Fuegner@lizenz.com> 08/23/00 07:34PM >>>
Dear Mr. Wilbers:

Presently there are many discussions about UDRP, Mediation, Arbitration,
etc.

May I kindly ask for your advice in one matter?

Mediation and arbitration are alternative dispute resolutions on a voluntary
basis.
A party of an ADR can at any time withdraw from the process. WIPO states
the same on this website.

Now some people claim, that within UDRP WIPO breaks these rules.
Are they right?

Thanks for your attention

Regards,

Andreas Fuegner