Use of "Without Prejudice" communications in UDRP

[domaingenius]

Is there any Rule or UDRP "Case Law" on the use or not of "Without Prejudice " communications in UDRP proceedings ?. i,e. is it allowed ?

Thanks

 

[lordbyroniv]

What type of communications?

 

[domaingenius]

What type of communications?

Emails & Letter flowing both ways seeking to avoid the need for litigation by settling matters on a lock ,stock and barrel basis, without prejudice.

 

[lordbyroniv]

Emails & Letter flowing both ways seeking to avoid the need for litigation by settling matters on a lock ,stock and barrel basis, without prejudice.

There are no Rules of Evidence for UDRP proceedings

There is a clear split in the UDRP cases as to whether "settlement letters" are admissable

Personally, I believe arbitraitors look at everything and weigh all facts regardless of whether its technically admissible or not

Hope that helps

 

[domaingenius]

Thanks.Yes I also found a page that explains it is virtually up to each individual Panel whether they accept or not. I have formally objected to its inclusion and that will be included in following Court proceedings as and when necessary.

There are no Rules of Evidence for UDRP proceedings

There is a clear split in the UDRP cases as to whether "settlement letters" are admissable

Personally, I believe arbitraitors look at everything and weigh all facts regardless of whether its technically admissible or not

Hope that helps

 

[luster]

You can certainly communicate without prejudice in such proceedings, we had done so in the past.

A competent counsel would advise same in any sort of settlement negotiations, regardless of venue or jurisdiction.