Re: UDRP Clarification [WAS: RE: Re: Domain Disputes...]

[Dave Warren]

> I have been mis-interpreting the UDRP - I have been reading it as if ICANN
> is a party to it.  They are not - it is between the registrar and the
> registrant.  So there is no ICANN "order" to transfer a domain name, and
> after an administrative action the registrar acts in accordance with the
> dispute resolution provider's decision, unless the respondent notifies the
> registrar of impending court action.  Paragraph 3b allows the registrar to
> transfer a domain name on "receipt of an order from a court or arbitral
> tribunal, in each case of competent jurisdiction, requiring such action."

So, who has overriding jurisdiction, if it is challenged in two courts at
once, one in Tucows' location, and the other in the Registrant's location,
and the two disagree as to what should happen to the domain.

I'm not a lawyer, and I very well may have completely misunderstood this
whole process.



========================================================
Dave Warren,  
 Email:  [EMAIL PROTECTED]
 Pager: [EMAIL PROTECTED]
========================================================