WIPO vs. National Arbitration Forum

[lordbyroniv]

1- How does a complaintant determine where to file WIPO or NAF?

2- How is it determined whether there is a 1 person arbitraitor or a 3 person panel? Does the complaintant have that perogative?

Thanks
Lord

[fab]

2- How is it determined whether there is a 1 person arbitraitor or a 3 person panel? Does the complaintant have that perogative?

I believe either do. Justs costs more money.

[lordbyroniv]

Originally Posted by lordbyroniv

1- How does a complaintant determine where to file WIPO or NAF?

2- How is it determined whether there is a 1 person arbitraitor or a 3 person panel? Does the complaintant have that perogative?

Thanks
Lord

Originally Posted by fab

I believe either do. Justs costs more money.

Gotcha

Do both WIPO and NAF offer this option ?

[fab]

Gotcha

Do both WIPO and NAF offer this option ?

wipo

How much does the UDRP Administrative Procedure cost?

For a case filed with the WIPO Center involving between 1 and 5 domain names that is to be decided by a single Panelist, the fee is USD1500. For a case that is to be decided by 3 Panelists, the fee is USD4000.

For a case involving between 6 and 10 domain names that is to be decided by a single Panelist, the fee is USD2000 and USD5000 for a case that is to be decided by 3 Panelists.

It is the parties that decide whether the case is to proceed before 1 or 3 Panelists.

The Complainant is responsible for paying the total fees. The only time the Respondent has to share in the fees is when the Respondent chooses to have the case decided by 3 Panelists and the Complainant had chosen a single Panelist.

The fees described above do not include any payment that might have to be made to a lawyer representing a party in the administrative proceeding.

Please consult the WIPO Center's Schedule of Fees for further details.

http://www.wipo.int/amc/en/domains/guide/index.html#a2

[lordbyroniv]

Very interesting - Thanks - I will have some reading to do

Is filing a complaint at WIPO preferred over NAF ? Is there a "correct" forum to file in or is this at the discretion of the complaintant ?

[jberryhill]

Is there a "correct" forum to file in or is this at the discretion of the complaintant ?

It is at the discretion of the complainant.

If the language of the registration agreement is something other than English, you may want to use WIPO. NAF will categorically refuse to conduct proceedings in certain languages.

The filing fee at WIPO is $1500. At NAF it is $1350. If you want to file additional statements, WIPO will take them for free, notify the panelists, and the panelist(s) will decide whether they want to see them. NAF will charge an additional $400.

2- How is it determined whether there is a 1 person arbitraitor or a 3 person panel? Does the complaintant have that perogative?

If the Complainant wants a three member panel, then the Complainant can pay the full three member panel fee up front. If the Respondent wants a three member panel, and the Complainant has not paid for one, then the Respondent pays half the three member panel fee. At WIPO, a three member panel is $4000 - so if the Respondent requests one, they have to chase down the Complainant for another $500 (since the Complainant only paid $1500 to file). That sometimes causes a stalement. The NAF wisely sets the three-member panel fee at twice the single member panel fee.

I can conceive of no circumstances in which it is desirable for the complainant to select and pay for a three member panel.

Since the UDRP requires the three member panel option, all UDRP providers have a procedure for it.

The upshot is:

Language other than English - use WIPO.

Don't expect a Response - use NAF.

WIPO and NAF merely administer the cases. There is considerable overlap in the roster of panelists, so you can get some of the same panelists at either place.

NAF is generally better at keeping these things on the mandated schedule, and processing them promptly. WIPO tends to be more clueful about working out a balanced procedure in complex cases.

Having been represented both complainants and respondents in dozens of proceedings at both,there's not a huge world of difference, except under the circumstances I've noted above, and with NAF having an edge on speed.

[lordbyroniv]

Thanks so much for the detailed and thoughtful response. Very helpful.

One last question - if the register is Enom - Can I assume the agreement is in english ? The address on the whois is German

Should I confirm with Enom before filing that the domain is subject to an agreement in english ? or should I just file the complaint and not worry about this as an issue

[fab]

The registration agreemnet at Enom is in English.

[lordbyroniv]

Gotcha

[bigboydog_0]

ok

[marcorandazza]

Having been represented both complainants and respondents in dozens of proceedings at both,there's not a huge world of difference, except under the circumstances I've noted above, and with NAF having an edge on speed.

I have found that the $150 you save on an initial filing at NAF is *rapidly* wiped out by inconsistent chickensh*t decisions by their flunkies. NAF allows its uneducated flunkies to make decisions that only panelists are supposed to make (for example, language of the proceeding).

When I represent complainants, I only use WIPO. WIPO is a little slower, that is true, but I'd rather wait two extra weeks and have the job done right.

[lordbyroniv]

Originally Posted by jberryhill

Don't expect a Response - use NAF.

Why is that, if I may ask ? Is NAF more lenient towards complaintants in instances where respodent doesnt even answer?

[jberryhill]

Why is that, if I may ask ? Is NAF more lenient towards complaintants in instances where respodent doesnt even answer?

It is faster and the single-member panel fee is lower.

As Marc points out they obtain speed by making decisions at the staff level on matters that should be referred to a panel.

The point being that if your proceeding may require thought or become in any sense "unusual", the NAF may appear to be somewhat arbitrary.

For example, Marc is correct that a Panel has the power to decide the language of the Proceeding, and a Panel may decide to proceed in a language other than the registration agreement, in the presence of circumstances indicating it would be fair (English web page, other evidence Respondent would not be prejudiced, etc.). NAF doesn't let a case get to a panel unless it is filed in the language of the registration agreement, which essentially usurps the panel's discretion to decide otherwise.

One other downside of NAF is the general non-refundability of fees. You may file your case and find out that the Respondent is happy to transfer the domain name, and this can be done quickly. At WIPO, if the parties resolve the matter before a panel is appointed, a $1000 refund of the filing fee is paid back to the Complainant. At NAF, there is no refund of the "panel fee", even though no panel is appointed.

[lordbyroniv]

Excellenet stufff

Thanks John !!!

Thanks Marc !!!