Re: [ga] percentages and numbers of cases

[Robin Miller <robin@minervan.com>]

Marc Schneiders wrote:

> And there are reports of cases, where the respondent received the
> complaint so late, that he could not respond in time, despite correct
> whois details, so without any fault on his part. People are also away
> for some days or a week. Bad luck then under the UDRP.
> 

yes this is a measurable problem. When I go on vacation, its generally 2-3
weeks at a time, sometimes even a month. I would surely lose my opportunity to
respond if such a complaint came while on vacation. This is one place I can see
where the UDRP could be improved immediately, without real headaches for
anyone. Its only fair to give adequate time to contact a registrant, and
adequate time for them to respond. Also it could use an appeals process. When
protesting things like rejected visas and work permits or even decisions from
the tax office, people have a process to protest and redress a decision they do
not agree with, at low cost. They do not have to take it to court right way
first. 

Why not also for the UDRP? Why can't it check its own arbitors's decisions with
a second opinion if requested? Some things like being able to change the venue
of the arbitration by the choice of the registrant complaining, would help a
lot. More than likely this would only be invoked in those rare circumstances
when arbitors have made nutty decisions, that could use an appeal. Why can't
the arbitration process do its own housekeeping on itself? It would do wonders
for its reputation. 

It would level the playing field for the various organisations doing
arbitration, since not only will they have to compete for the biz of the
complaintants, they would have to compete for the biz of the registrant that
may appeal as well.

personally I dont think the UDRP needs to be done away with. But anyone with
eyes can see it needs certain improvements, simply to make it more fair to a
registrant and improve its reputation. 

all the best, Robin
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