Re: UDRP bad decisions (RE: [ga] Candidate positions on UDRP)

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

Methinks you've left out a category or three...

- decisions that are obviously "bad"

- decisions where we can't tell if they are bad or not because the
respondent didn't reply (in some cases by choice, in others due to lack of
adequate notice)

- decisions that are either obviously or questionably bad but not
challenged in court because the respondent doesn't have the funds or
access to good legal representation.



On Mon, 4 Sep 2000, 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.
> 
> Decisions come in 3 classes, I think:
> 
> - Decisions that no reasonable person would challenge or call "bad"
> - Decisions that some reasonable persons would challenge or call "bad"
> - Decisions that are subsequently reversed in a court of law.
> 
> The count of cases in the middle category is not small, I think, and varies 
> very much with the eye of the beholder.
> Do you have a count of cases in the last category?
> 
> 
> 
> 
> 
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