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[wg-a] Question B:here it is!!
Thanks to kathy and David for pointing to me that I had NOT copied the list of
questions we discuss within sub-group B.
Hee they are:
* 1. Do we need an uniform DRP at all?
Assumption: we face now a world of non-uniform (differenctiated) dispute
resolutions mechanisms: worlwide courts and legal systems. If we are to build
a DRP as an alternative to court litigation, this should be uniform. If not,
it would be a perfect waste of time and will leave us in the same level of
conflituality and insatisfaction that has been the comon plac e during the
last three years.
* 2. Does a DRP need to be gTLD-based or uniform accross gTLDs?
Assumtpion: "unfirom" does not imply "universal". Equal thigns should be
treaten equally,; differnt situations desserve different treatments. At least,
uniform means unfiorm for each gTLD. At most, it means uniform accross all
* 3. Does a UDP imply just uniform material rules or also procedural ones?
Assumption: Uniform in itself means not that much. At least, it means having
the same material, substantial rules (ie: what is cubersquatting; what are the
possible determinations etc). At ost, it menas that procedural rules ar 4e
exaclty the same (terms; fees; rules of procedure etc).
* 4. Is a UDP compatible with multiple ADR service providers? Is a single
ADR-SP a better choice?
Assumption: Uniform or not, DRP can be administrated by just one DRP-SP (for
instance: WIPO) or multple DRP-SPs applying the same rules (for instnce: WIPO,
ICC; UNCITRAL, AAA,-...). Either each registrar/rgistry chooses one possible
DRP-SP or there is an ICANN-approved list of UDR-SP common to all registration
authorities. The question then is "cho makes the choice?
* 5. Should a UDP be registry-based or registrar-based?
Assumption: we can achive similar results by having a single dispute policy
accrosss all registrars (ie, x number of identical DRPs) or having just one
single DRP at the TLD level (in principle, at the registry level, but a single
registry could in principle have two separate policies if they are to run two
kinds of gTLDs that we might beleive desserve differnet SRPs, even if this is
not the case today).