ICANN needs to put a contract in place with UDRP providers before it does anything else
Dear Ms Eisner I was very surprised to learn that there is no contract between ICANN and the accredited UDRP providers. Given the importance of the UDRP to all domain registrants, who are contractually bound to accept its terms when they register a domain, there really must be a contract put in place with the accredited providers as a matter of the utmost urgency. Without it, it is not clear what control (if any) ICANN can apply on the accredited providers to ensure that (as a minimum) they comply with the UDRP Policy and Rules. Whilst ICANN goes through due process in preparing a draft contract and reaching consensus within the community on its content, it should make clear to the providers that there can be no further amendment to their Supplemental Rules. I would also suggest that any contract needs to provide for a review of the providers' existing Supplementary Rules; and also an independent audit of the processes already followed by providers when handling UDRP cases. I think that if ICANN follows any other path, it will be badly failing the millions of registrants who are bound to the UDRP as part of their registration agreement. The UDRP is an important process that impacts on many parties, with over 30,000 decided cases already. To maintain the UDRP's legitimacy, the relationship with the accredited providers must be put on a proper contractual footing and it must be brought under the control of ICANN. With best wishes Jim Davies The above are my personal views and not necessarily those of any employer or client. From: Samantha Eisner [mailto:Samantha.Eisner@xxxxxxxxx] Sent: Wednesday, 9 December 2009 4:01 AM To: Jim Davies Subject: Re: More information on CAC Proposed Amendments to the UDRP Supplemental Rules of the Czech Arbitration Court public comment period Dear Mr. Davies, ICANN does not currently enter into contracts with the Approved UDRP Providers, therefore no contract exists that is responsive to your inquiry. Best regards, Samantha Eisner -- Samantha Eisner Senior Counsel ICANN 4676 Admiralty Way #330 Marina del Rey, California 90292 Direct Dial: +1 310 578 8631 Office Fax: +1 310 823 8649 On 12/6/09 8:19 PM, "Jim Davies" <Jim.Davies@xxxxxxxxxxxx> wrote: Dear Ms Eisner With the consultation closing shortly, I would be grateful for a prompt response to the request below. In case that you are away from the office, I have copied this email for the attention of Rod Beckstrom as well. With best wishes Jim Davies From: Jim Davies Sent: Tuesday, 1 December 2009 11:12 AM To: samantha.eisner@xxxxxxxxx Subject: More information on CAC Proposed Amendments to the UDRP Supplemental Rules of the Czech Arbitration Court public comment period Dear Ms Eisner As indicated on the ICANN website, I am emailing you to request more information on the CAC Proposed UDRP amendments. As indicated in my submission on the subject, I would be most grateful if you could please send me a copy of the contract entered into by UDRP providers when they are accredited by ICANN. With best wishes Jim Davies The above are my personal views and not necessarily those of any employer or client.