[bc-gnso] RE: ACDR conference call follow up

[Phil Corwin <psc@xxxxxxxxxxx>]

Thanks Mahmoud. Really appreciate the response.



I like the fact that parties to a proceeding can challenge a panelist.



I do have a bit of concern still over the statement "ACDR vision is to select 
panelists from different nationalities and with different approaches to IP and 
other related fields." How does "different approaches to IP and related fields" 
square with the need for uniform application of the UDRP by all panelists 
across all arbitration providers?



Thanks in advance for your response.



Best, Philip



Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/cell



"Luck is the residue of design" -- Branch Rickey



________________________________
From: owner-bc-gnso@xxxxxxxxx [owner-bc-gnso@xxxxxxxxx] on behalf of Mahmoud 
Lattouf [mlattouf@xxxxxxxx]
Sent: Wednesday, April 03, 2013 7:53 AM
To: bc-gnso@xxxxxxxxx
Cc: Benedetta Rossi
Subject: [bc-gnso] ACDR conference call follow up

Dear All,

This is to follow up on our conference call last week regarding the ACDR 
application to become a UDRP provider. Here is our answers to questions, 5, 6, 
and 7 mentioned during the conference call:


5.  How do you ensure that pro-Complainant bias is not present when you 
accredit panelists who also serve as active TM attorneys?

ACDR policy is clear here, panelists are required to sign declarations, 
moreover, before the appointment of a panelist, the elected panel will be 
requested to sign and return to the Center a Declaration of Independence and 
Impartiality using the specially designed form specifically designed for that 
purpose which will be available on the Center’s website. In addition, a party 
to the administrative proceedings may challenge the appointment of a panelist 
via filing a written request or by submitting an electronic request through the 
website stating the circumstances and reasons for the challenge within five 
calendar days from the date of notice of the selection. The Center will 
determine whether adequate circumstances exist for disqualification. (Please 
see Supplemental Rules in Annex 3 of this Proposal) I think we are the only 
center who covered this point clearly before operation; other service providers 
fixed such precedents after operation. This is why we believe that we are 
benefiting from their experience.


6.  Are you making a concerted effort to recruit panelists from academia and 
from retired judges, who would not be as likely to have as strong a 
pro-complainant bias as active TM attorneys?

ACDR vision is to select panelists from different nationalities and with 
different approaches to IP and other related fields.  We already provided full 
details regarding the experience and selection, please refer to point (2\a) of 
the proposal and annex 2 (screening requirements). We will be appointing more 
panelists from academia and retired judges as well.


7.  How do you handle unsolicited supplemental filings from Complainants?  How 
do you ensure that Respondents are not put to an undue burden of responding to 
Supplemental Filings from Complainants if those Supplemental Filings are not 
considered by the Panelists?  And conversely, if Supplemental Filings are 
considered by panelists how do you ensure that Respondents are provided 
adequate time to prepare and file a Supplemental Response so that the 
Supplemental Response will also be considered by the Panel before they issue 
their decision.

Extensions are allowed according to ACDR, please refer to point No. 9 of the SR:

Extensions :



(a)   The Center and, after its appointment, the panel, shall in its sole 
discretion decide on any request from a party or on its own motion, prior to 
the expiration of the concerned period(s), to extend, in the presence of 
exceptional circumstances, the period(s) of time provided for under these 
supplemental rules.

(b)   A request to the Center for an extension by a party must state the 
circumstances warranting the request, accompanied by an extension fee of $100.

(c)   If an extension is granted, it shall be for a period not exceeding ten 
(10) additional calendar days.

I hope this answer your concerns. Should you require further information, 
please let me know.

Thank you,

Best Regards,
Mahmoud A. Lattouf
Executive Director – AGIP Offices
Abu-Ghazaleh Intellectual Property
Member of Talal Abu-Ghazaleh Organization
Tel.: +962 6 5100 900 ext. 1623
Fax: +962 6 5100 901
Email: mlattouf@xxxxxxxx<mailto:mlattouf@xxxxxxxx>
URL: www.agip.com<http://www.agip.com/>
TAGORG.com The Global organization for professional, business, intellectual 
property, education, culture and capacity building services.
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