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Re: [ga] Re: Mansfield Spam on a usenet newsgroup? - Parish the thought..??
> I stick by the simple, non-US law-based definitino of
> arbitration.
Oh, I understand that.
In general the UDRP itself and the dispute resolution providers try to avoid
the word because of the legal baggage it may carry elsewhere. Hence, the
preferred usage is to call it an "administrative proceeding" and to call the
people who decide them "panelists" instead of calling it an "arbitration"
done by "arbitrators".
The reason some people are sensitive to the use of the word "arbitration" in
connection with the UDRP is:
> UDRP participants manifest
> consent when registering a domain name and by not
> choosing to go to national courts.
A growing number of UDRP participants are indeed choosing to go to national
courts, and to US courts in particular. Just off the top of my head, I can
think of traditions.com, weber-grills.com, corinthians.com, strick.com, and
several others listed at udrplaw.net.
The issue of whether the UDRP was "binding" took up all of about ten seconds
in the strick.com case:
18 MR. OPPEDAHL: -- the UDRP proceeding with ICAN
19 (ph.) that was decided in our client's favor.
20 Just to touch on a few points --
21 THE COURT: Apparently that's not binding.
22 MR. OPPEDAHL: Oh, no, I don't mean to suggest it's
23 binding, but it certainly gave our client some renewed
24 feeling that maybe he wasn't a criminal, that they thought he
25 was -- that it was okay for him to own the domain name.
http://www.strick.com/june22.txt
Judge Kauffman had apparently done his homework prior to the hearing, but the
word "arbitration", if loosely applied to administrative proceedings under
the UDRP, may give another less studious judge a false impression.
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