WIPO irregularities - D2006-0036 - deusto.com
Monday, March 06, 2006
This is the email that I sent today to WIPO:
Dear XXX,
I would like to stress my absolute rejection of the way things are being handled in this dispute. As per your own rules,
http://arbiter.wipo.int/arbitration/rules/index.html ,
the language of this arbitration should be English (since the
Registration Agreement was in English and no agreement was made with
the Complainant on the contrary), and surprisingly you have accepted
the complaint to be in Spanish !
Also, today you told me two Spanish arbiters have refused to
take the case, due to conflict of interest. Again, the nationality of
the arbiters CANNOT BE SPANISH, as per your own rules, which I quote:
All this is very irregular, and after two weeks of sending my Response, I
find that an arbiter has not yet been appointed. And that you are still
looking at appointing Spanish nationals as arbiters, when that is
against WIPO's own rules. The rules clearly state that an arbiter will
be appointed within five days after the response is received. I
encourage you to take action as soon as possible, and to do things
according to the rules, avoiding biasness.
And I have to remind you again that my domain remains suspended, in
spite of the emails I sent to the Registar, so I am the only one
affected by all these unnecessary delays.
Sincerely
Dear XXX,
I would like to stress my absolute rejection of the way things are being handled in this dispute. As per your own rules,
http://arbiter.wipo.int
the language of this arbitration should be English (since the
Registration Agreement was in English and no agreement was made with
the Complainant on the contrary), and surprisingly you have accepted
the complaint to be in Spanish !
Also, today you told me two Spanish arbiters have refused to
take the case, due to conflict of interest. Again, the nationality of
the arbiters CANNOT BE SPANISH, as per your own rules, which I quote:
Nationality of Arbitrators
Article 20
(a) An agreement of the parties concerning the nationality of arbitrators
shall be respected.(b) If the parties have not agreed on the nationality of the sole or
presiding arbitrator, such arbitrator shall, in the absence of special
circumstances such as the need to appoint a person having particular qualifications,
be a national of a country other than the countries of the parties.
All this is very irregular, and after two weeks of sending my Response, I
find that an arbiter has not yet been appointed. And that you are still
looking at appointing Spanish nationals as arbiters, when that is
against WIPO's own rules. The rules clearly state that an arbiter will
be appointed within five days after the response is received. I
encourage you to take action as soon as possible, and to do things
according to the rules, avoiding biasness.
And I have to remind you again that my domain remains suspended, in
spite of the emails I sent to the Registar, so I am the only one
affected by all these unnecessary delays.
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