Re: [ICANN-EU] Fw: UDRP

[Marc Schneiders <marc@venster.nl>]

Dear Andreas,

Why on earth did you put such a stupid question to WIPO? Nobody claimed
WIPO broke their own rules. Or did I miss some contribution to the
discussion? I claimed that the general rules of WIPO do not overrule the
rules of the UDRP, which include that UDRP is mandatory. 

To put it in the words of the kind WIPO officer who replied to your
question:  "Once a contract provides for such a dispute resolution
mechanism, the parties are bound to it, i.e. they cannot unilaterally
abandon it." Any registration of a domain name is a contract that provides
for the UDRP. You have to agree to accept it, when you register a domain.
So you are bound by it.

(Sorry I broke my promise not to respond any longer to your messages on
this theme. Since you are now consciously or unconsciously trying to
mislead people by putting statements from WIPO in a weird perspective, I
changed my mind.)

Marc

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


On Thu, 24 Aug 2000, Andreas Fügner wrote:

> 
> -----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
>