RE: Comments by the United Nations on the Initial Report on the IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development Process
This is in reply to: Comments by the United Nations on the Initial Report on the IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development Process The commenter brings up an interesting point that immunity cannot be waived by IGO-INGO's. Under these circumstances an entity should not be permitted to file a UDRP in the first place until an appeal mechanism is provided. The commenter, however, fails to understand the difference between the UDRP and a court review. In the USA a court review is not an appeal of the UDRP decision. The UDRP measures the case based on the UDRP while the courts review the matter, /de novo/, based on US Law, the Anti-Cybersquatter Protection Act (ACPA). These are entirely different standards with different definitions. Therefore, even if arbitration is chosen as the dispute mechanism there must be a separate arbitration proceeding which is arbitrated on the laws of the country of the registrant. Further, since these cases are based on different standards a UDRP decision is not automatically a /prima facie/ case under the laws of the country involved as Richard Hill (a domain name arbitrator) claimed in his comments at https://forum.icann.org/lists/comments-igo-ingo-crp-access-initial-20jan17/msg00001.html. thank You Russ Smith
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