Tim Cole, Chief Registrar Liaison, ICANN
Lessons Learned - Uniform Domain Name Dispute Resolution Policy
- Rules now require electronic submission of certain documents (does this facilitate translation?)
- Over the years, the way the dispute resolution process is used has changed - it is not static.
- Do not expect to 'solve it all' with the first iteration. Change will be necessary.
- UDRP does not supersede legal process - but only small percentage of claims that have been filed actually end up in court.
- Selection of panelists involves review of track record with ADR proceedings and training.
- ICANN role: effectiveness of dispute policies; complaints about implementation of decisions; complaints about DR providers; monitors domain name registrars for compliance.
Nicolas Vermeys, Centre de recherche en droit public
ECODIR demo:
- Includes a form for claimants to fill out that narrow issues in dispute
- Completes forms, loads up docs
- email sent to other disputant
- Disputant can accept demand of claimant, or make offer
- If they cannot resolve themselves, you can ask for mediation
- Arbitrator is named, file added for him/her
- Arbitrator makes proposal to the parties and sends by email
- Parties can decide whether to accept, continue negotiating...
Most of the time, people agree to the process voluntarily = reduced need for enforcement.
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