[nc-udrp] "UDRP Review and Evaluation, Terms of Reference" document

[DNSO Secretariat <DNSO.Secretariat@dnso.org>]

The "UDRP Review and Evaluation, Terms of Reference" document is in

http://www.dnso.org/dnso/notes/2001.NC-tor-UDRP-Review-Evaluation.html

DNSO Secretariat

--
ICANN/DNSO

               UDRP Review and Evaluation, Terms of Reference

UDRP Review and Evaluation, Terms of Reference

20 June 2001

Amended and adopted 29 June 2001.

Amended with the NC motion voted on 11 August 2001.

Initial version in 2001.NC-tor-UDRP-Review-Evaluation.v0.html.

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The ICANN Board resolved at its October 24, 1999 special meeting to proceed
with the implementation of a uniform dispute resolution policy (UDRP) set
forth in its Resolution 99.81 using the implementation documents approved in
its Resolution 99.112 (see
http://www.icann.org/minutes/minutes-24oct99.htm).

The ICANN Board further resolved that the President and General Counsel of
ICANN monitor the ongoing operation of the administrative dispute-resolution
mechanism described in Paragraph 4 of the UDRP and to make such adjustments
to the UDRP?s implementation from time to time as they determine
appropriate, including adjustments to the terms and extent of provisional
approval of dispute-resolution service providers.[1]

The DNSO Names Council has since adopted in its 2001-2002 business plan a
review and evaluation of the Uniform Dispute Resolution Policy, and the
establishment of an Interim Committee to propose terms of reference for an
NC task force or other group to conduct such review and evaluation (see
http://www.dnso.org/dnso/notes/2001-02.NCbusinessplan.html).

The interim committee consists of the following Names Council members:
Caroline Chicoine (IP), Milton Mueller (NCDNH), Oscar Alejandro Robles Garay
(CCTLD), Miriam Sapiro[2] (gTLD) and Ken Stubbs (Registrar). The interim
committee has met via e-mail and their discussions are archived at
http://www.dnso.org/clubpublic/tor-udrp/Arc00/maillist.html. Based on these
discussions, the Interim Committee proposes the following UDRP review and
evaluation schedule:

June 29 - August 14

The interim committee shall constitute a Task Force to create a
questionnaire to solicit public comment through a bottom up,
consensus-building DNSO process regarding various aspects of the existing
UDRP. The Task Force shall work on the basis of consensus and not majority
vote. However, to the extent no consensus can be reasonably reached on an
item, majority vote shall rule with all dissenting views being made of
record.

The interim committee shall solicit one individual from each of the
following interest groups to be a part of this Task Force:

     Business Constituency
     ccTLD Constituency
     gTLD Constituency
     IP Constituency
     ISP Constituency
     NCDNH Constituency
     Registrar Constituency
     Complainant (or representative)
     CPR Panelist
     CPR Provider
     eResolution Panelist
     eResolution Provider
     NAF Panelist
     NAF Provider
     Respondent (or representative)
     WIPO Panelist
     WIPO Provider
     GA Member not already included in any of the above groups
     Independent ADR expert
     Independent academic expert

Once constituted, the Task Force shall seek a volunteer to Chair the Task
Force. If only one individual volunteers, he or she will be deemed the
Chair. If more than each member of the Task Force shall cast one vote for
one of the volunteers with the person receiving the most votes being deemed
the Chair.

The questionnaire shall be created with an eye toward identifying potential
areas for reform, including without limitation:

     - forum shopping
     - publication of complaints and answers
     - appeals
     - reverse domain name hijacking
     - quality of decisions
     - speed of decisions
     - precedential affect of decisions within and outside of UDRP
     - costs
     - continuity of decisions among and within panels
     - res judicata effect of decisions within and outside the UDRP
     - requirements for bad faith (i.e., domain name registration and/or use)
     - fairness of Provider's supplemental rules
     - ability to amend complaint

While the questionnaire will be in English, to the extent feasible, the Task
Force will attempt to have it translated in other languages.

August 15 - September 15

Questionnaire submitted to public for response at least via ICANN's website,
and via each UDRP provider's website where permitted.

August 15 - October 31

Task Force reviews results of questionnaire, as well as any third party
studies directed to the UDRP including without limitation the Syracuse
University study, the Max Plank Institute study and the Rose Communication
study. Based on the results of the questionnaire and those studies, the Task
Force shall prepare a Report summarizing the areas identified as needing
reform and the recommendations to implement such reform. Again, the Task
Force will attempt to translate this Report from English into as many other
languages as possible.

November 1- November 11

The Task Force's Report forwarded to Names Council for review.

November 12

Names Council votes on Report at ICANN's annual meeting in Los Angeles.

November 13 - December 13

Task Force creates implementation schedule.

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[1] The Board also resolved to request the General Counsel, with the
assistance of staff, to prepare a summary of matters arising in the drafting
process that should be considered as possible future refinements to the UDRP
and to transmit that list to the DNSO for its study of those maters, with a
view toward submission to the Board for the year 2000 of any recommendations
the DNSO may have for such refinements.  To date, the DNSO has not received
such a summary.

[2] Miriam Sapiro is substituting for Roger Cochetti.

                 Information from:  (c) DNSO Names Council