UDRP complaint filed by a Panelist

[dvdrip]

We got a UDRP Complaint at the (Hong Kong) Asian Domain Name Dispute Resolution Centre (ADNDRC). www.adndrc.org

As I was going through the Panelists I saw that the person signing the Complaint is also a Panelist at this Centre.
Actually 3 of the Panelists work at the Law Company that prepared the Complaint.

Has anyone seen this before? Please provide links.

 

[draggar]

Sounds like a conflict of interest to me.

 

[TheLegendaryJP]

Does your domain tie to him in any obvious way you see?

 

[dvdrip]

Besides the Panelist signing the Complaint? What do you mean?

 

[draggar]

Does the paneist have any TMs related to your domain or does your domain relate to them (name, etc.) in any way?

Here you go:

http://www.wipo.int/amc/en/domains/statement/panel.html

I think it would be impossible for a panelist who works for the company (or a person working at the same company) that is filinf the WIPO to be impartial.

 

[dvdrip]

To make things clear there hasn't been an appointment of the case Panelists.

No, Panelist doesn't have a TM related to my domain. No, the domain does not relate to them.
Panelist prepared the Complaint while working for a Law Company that is representing the Complainant.

 

[draggar]

OK, so the panelist is not the panelist for the case?

Does your domain have anything to do with the lawfirm? Do you know who they are acting on behalf of (the complainant)? Is your domain related to any of them?

 

[dvdrip]

If it were then we wouldn't be talking. I would have sued them already. I am waiting to see who the Panelists will be.
Nothing to do with the lawfirm.
Of course I know the Complainant.

OK, so the panelist is not the panelist for the case?

Does your domain have anything to do with the lawfirm? Do you know who they are acting on behalf of (the complainant)? Is your domain related to any of them?

---------- Post added at 05:42 PM ---------- Previous post was at 05:34 PM ----------

John posted this a few years back:
http://www.dnforum.com/f26/lawsuit-...-complainant-2-thread-299306.html#post1458778

 

[Gerry]

Wow, what an uphill battle. You have lawyers who are also panelists preparing and signing the complaint for the complainant. That sure sounds like a win/win for the complainant.

At this juncture, you need to see who you can line up in your behalf who has International TM / Domain Dispute Resolution experience. Obviously, with this being signed in China and (assuming) you are in Greece, this goes beyond national and international borders.

The issue as you described it sounds like a massive conflict of interest but we know the Chinese laws may be totally representative of the government interests, therefore the concept of conflict of interest may not actually exist in a Chinese court as everything would seem to benefit the Chinese government and institutions.

 

[Theo]

Illegal? No. Unethical? Absolutely. The panelist fees are so low that it pays handsomely to be an IP attorney for a large firm instead.

 

[dvdrip]

Well, I think that Panelists should only be judges (or retired judges) and academics. But that is just me.

 

[dvdrip]

Complainant has now send their list of the 3 preferred panelists.
I only checked their first choice and it appears that:
1) He and the "lawyer/panelist" have decided, on 1 or more cases, together on a 3 member panel.
2) They are both members of the same internet council. (that has 8 members)
3) They have probably worked together at a University.

What should I do?

 

[Tim Schoon]

This sounds like pure theft to me, absolute abuse of their position.. Not sure if there is anything you can do tho, like file a complaint about it.

 

[Makis77]

Do you have a lawyer on your side?
I suppose you should talk to a lawyer as soon as possible.

 

[draggar]

Yep, talk to a lawyer, this is getting more and more unethical as it goes on.

 

[Wot]

Any of those involved in this case?

http://www.idnforums.com/forums/20589-wipo-of-长江-com-yangtze-river-dot-com.html

---------- Post added at 18:21 ---------- Previous post was at 18:17 ----------

http://www.idnforums.com/forums/215...unethical-and-illegal-conducts-evidences.html

 

[dvdrip]

Yep, their first choice of panelists is one of the 2 most notorious panelists, mentioned in post #9.
Thanks for the link.

[/COLOR]http://www.idnforums.com/forums/215...unethical-and-illegal-conducts-evidences.html[/QUOTE]

 

[draggar]

If you see a real conflict of interest (IMO there is one) you can file a complaint with WIPO but do it before the case.

 

[URLtrader]

The Panelist is only trying to work hard to support his family by working three jobs - the Judge , the Jury and the Executioner !!!