Re: [gnso-sti] Question for IRT members

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

Yes Alan. I believe that is what the IRT intended -- a de novo review in cases 
of default. Thanks. Jon 

----- Original Message -----
From: owner-gnso-sti@xxxxxxxxx <owner-gnso-sti@xxxxxxxxx>
To: GNSO STI <gnso-sti@xxxxxxxxx>
Sent: Sun Nov 15 21:53:27 2009
Subject: [gnso-sti] Question for IRT members


After listening to last week's URS teleconference, based on what Mark 
said about replies filed after a default, I went back an reread the 
appropriate section of the IRT report.

The section (in part) says:

>Should a Registrant find their domain name has been taken down after 
>the fourteen (14)-day Answer period has passed and wishes to file a 
>legitimate Answer to the Complainant, the Registrant may file a 
>Default Answer to the third-party dispute provider at any time 
>during the life of the domain name registration.
>
>To file a Default Answer, the Registrant must fill in a form Request 
>for Default Answer and submit it to the third-party dispute provider 
>for examination. [additional text omitted]
>
>Upon the successful filing of a Default Answer the domain name 
>takedown will be immediately revoked and the domain name may resolve 
>pending the outcome of the Examiner's examination.

I presume that this means that if filed prior to a decision being 
rendered in favour of the Complainant, the Examiner will factor in 
the Default Answer in his/her decision. If the Default Answer is 
filed after the Examiner has already rendered a decision in favour of 
the Complainant, this implies that the Examiner (the same one or 
possibly a different one since some time may have elapsed) will 
perform a second examination taking into account the contents of the 
Default Answer.

Is this correct?

Alan