International Center for Dispute Resolution (American Arbitration Association) Err?
By the ICDR (AAA) not using industry experts who should have been aware of ICANN's Mission, Core Values, Policies and Procedures nor how the internet was and is structured, it is my opinion that they have practically destroyed the name similarity dispute mechanism that was in place to protect the internet and the new gTLD applicants.
If the arbitrators knew what rules should be applied and how name similarity tests were designed and why, the outcome of the disputes would have been much more uniform.
Also, in my opinion, by the AAA refusing to allow combine cases, even after they committed to do so, this also was a key factor which opened the door to more confusing and inconsistent decisions.
In addition, again in my opinion, the AAA also did not follow the ICANN rules and refused to fully refund the prevailing parties all of their fees as outlined in the Applicant Guidebook but published their own fees statements refusing to refund the duplicate administration fees paid to them.
While I feel that these statements are true and accurate - and I was present in most discussion and witnessed various publications these above is my opinion as to what happened and why - I welcome others to provide insight and input.
Tags for this Thread