[nc-udrp] coping with deficient complaints

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

Arbitrators often seem unwilling to dismiss complaints that fail on the
basis of the pleadings in cases that the arbitrator thinks somehow ought
to be meritorious but just are not on their face.

Merely putting the burden of proof on the complainant doesn't seem to have
sorted this to the satisfaction of the arbitrator community.  They have
creatively dissmissed 'without prejudice' inviting re-filing (which surely
should be prohibited, shouldn't it?) and other inventions.

An example of a very thoughtful arbitrator struggling with this 'problem'
(and surveying some of the creative approaches to ti) is at
http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0352.html

Is this something that needs to spelled out even more clearly?  If so,
how?  Plaintiffs who file poor cases should lose, shouldn't they?  Or
should they get continous bites at the apple till they find a decider who
will award them the domain?  (keeping in mind that the defender gets no
such privilege)

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