[gnso-rpm-wg] Availability of Court for Domain Name owners challenging a URS decision -- false assumption?

[George Kirikos]

By the way, this issue is likely not limited to just the URS/UDRP. It
would appear to impact the PDDRP too, see the language of:

https://newgtlds.icann.org/en/applicants/agb/pddrp-04jun12-en.pdf

"22.1 The Trademark PDDRP is not intended as an exclusive procedure
and does not preclude individuals from seeking remedies in courts of
law, including, as applicable, review of an Expert Determination as to
liability."

(the word 'individuals' is strange in that sentence; I think they
meant 'parties')

If there's no 'cause of action' to actually have de novo court review
in certain jurisdictions, then a registry operator might find
themselves deprived of due process, should the PDDRP panel deliver an
adverse decision to them. Given the number of registry operators based
in the UK, and the enormous value of some of those TLDs, the need to
ensure that they have access to courts too should be determined.

[One can view which registries are based in the UK, or Australia, etc.
and potentially vulnerable at:

http://registrarstats.com/gTlds.aspx

and sort by country]

Sincerely