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Archive | June, 2013

Need for Precise Language in Drafting Arbitration Clauses

Need for Precise Language in Drafting Arbitration Clauses first appeared on the New York State Bar Association, Dispute Resolution Section, “Roundtable” June 24, 2013 Parties elect arbitration but tend not to craft their language in drafting arbitration clauses. This is a common mistake as parties learn from court decision. Case law instructs just how important […]

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Appointing UDRP Panels and Disqualification

ICANN certified providers are solely reponsible for appointing UDRP panels. Sole member Panels are appointed by the Provider. The practice differs from commercial arbitration where providers distribute a list of candidates from which parties are invited to make their selections. In those cases the provider appoints a jointly selected candidate to hear and deter mine […]

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Recapturing a Domain Name Fraudulently Transferred

In recapturing a domain name fraudulently transferred there is a common theme to losing it by inadvertent lapse of registration. In both, a domain name formerly registered in complainant’s name is latterly found in another’s, but the different factual circumstances demand a different approach to assessing intention. While a respondent’s post lapse registration is not […]

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