[registrars] RE: Proposed Uniform Dispute Policy

["Michael D. Palage" <mpalage@infonetworks.com>]

Yes I agree with you and Jonathan Cohen that the Defendant should be able to
choose the Dispute Provider, especially since the Working Group A's
recommendation suggest that all registrars include all accredited dispute
providers on their list.

The $400/500 was a number thrown out by Phil in DC. I believe this was based
on an "abusive" domain name registration and is somewhat accurate. I agree
that more complex situations, like the ones that Working Group A's
recommendations to the NC contemplates, will cost more, perhaps even
significantly more.  Therefore, the total costs in such proceedings must be
determined before mandating it on any registrants.

-----Original Message-----
From:	froomkin@law.miami.edu [mailto:froomkin@law.miami.edu]
Sent:	Monday, August 09, 1999 3:31 PM
To:	mpalage@infonetworks.com
Cc:	JIMBRAMSON@aol.com; registrars@dnso.org; louis_l._touton@jonesday.com;
jse@ackenspat.com; daveg@netsol.com; jcohen@shapirocohen.com;
arif.ali@wipo.int; christoper.gibson@wipo.int; francis.gurry@wipo.int;
erik.wilbers@wipo.int; psbar@hanson-molloy.com; carl@oppedahl.com;
bburr@ntia.doc.gov; krose@ntia.doc.gov; lgaviser@register.com;
slevi@skadden.com; rrodin@skadden.com
Subject:	Re: Proposed Uniform Dispute Policy

Since it appears that under the proposal there will be serious
"gatekeeping" as to who can be an arbitration provider, and since the
entire arbitration scheme is for the benefit of the complainant, basic
fairness would dictate that the defendant be allowed to choose the
provider.

May I also add that I believe there are some serious loose ends and
drafting errors in the WIPO document.  It provides a good starting
point, but especially on procedure, it leaves much to be desired (see my
wipo commentary at http://www.law.miami.edu/~amf for details).  I await
the appendix on procedure with GREAT interest...

Finally, while I very much hope that all or most disputes will be
no-brainers, I can imagine some where the issues are complex if there is
a real defense of right under law.  Even a first amendment or fair use
defense under US law may take some time to decide.  I wonder if $500 is
realistic?  Especially in all cases....


--
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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