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Re: UDRP bad decisions (RE: [ga] Candidate positions on UDRP)
At 12:11 PM 9/4/00 +0200, Harald Alvestrand wrote:
>At 00:22 01/09/2000 -0700, Roeland M.J. Meyer wrote:
>>If it is even one, it's bad news. However, I count more than 10, on a
>>cursory count.
>
>I think one of the missing pieces in the UDRP ruleset is a procedure for
>the independent review of dispute resolution providers' track record, and
>the resulting removal of a resolution service provider from ICANN's list
>if the track record is not found satisfactory.
Formal, careful, on-going monitoring would be a extremely
helpful. Although based on well-established legal principals and
practises, the "venue" of the UDRP makes it an experiment. Experiments need
monitoring and refinement.
Besides needing a procedure for removing authorization of a UDRP service
provider, there needs to be a procedure for removal of UDRP
arbitrators. The service providers tend to be little more than brokers for
service. The "judges" are independent and vary in their quality. When a
problem is not inherent in UDRP
policy, it appears to lie with individual judges.
>- Decisions that no reasonable person would challenge or call "bad"
>- Decisions that some reasonable persons would challenge or call "bad"
d/
>- Decisions that are subsequently reversed in a court of law.
A sense of the percentages of these, out of the total, would be enormously
helpful.
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