[declan a well.com: FC: ICANN domain name dispute process appears biased, by M.Geist]

Marco d'Itri md a LINUX.IT
Lun 20 Ago 2001 19:14:03 CEST

----- Forwarded message from Declan McCullagh <declan a well.com> -----

Date: Mon, 20 Aug 2001 08:10:51 -0600
To: politech a politechbot.com
From: Declan McCullagh <declan a well.com>
Subject: FC: ICANN domain name dispute process appears biased, by M.Geist
X-URL: Politech is at http://www.politechbot.com/
X-Author: Declan McCullagh is at http://www.mccullagh.org/
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Date: Mon, 20 Aug 2001 08:20:17 -0400
To: declan a well.com
From: Michael Geist <mgeist a uottawa.ca>
Subject: ICANN UDRP Study Raises Panelist Allocation Bias Concerns


I have just completed a study on the ICANN UDRP that may be of interest to
you and your readers.  Study is at

It reviewed all 3094 ICANN UDRP decisions (through July 7, 2001) and found
that when providers control who decides a case (which they do for all
single panel cases), complainants win just over 83 percent of the
time.  When provider influence over panelists diminishes, which occurs in
three-member panel cases, the complainant winning percentage drops to 60
percent.  In addition to the dramatic difference in outcome between single
and three-member panels, the study finds that case allocation appears to be
heavily biased toward ensuring that a majority of cases are steered toward
complainant-friendly panelists. As of July 7, 2001, an astonishing 53% of
all NAF single panel cases (512 of 966) were decided by only six
people.  The complainant winning percentage in those cases was an
astounding 94%.  WIPO, meanwhile, has failed to assign even one of its 1629
single panel cases to at least two panelists perceived to be
pro-respondent.  Of the 104 WIPO panelists to have decided five or more
cases, all but one have complainants winning at least 50% of the time.

In conjunction with the release of the study, I have ported much of the
collected data to the Web.  Udrpinfo.com features a searchable database of
the track record of individual panel members with more features to
come.  Beta version of the site is at http://www.udrpinfo.com.

Media coverage this morning includes

Do Cyberspace Court Panels Favor Trademark Holders? (sub required)

Web Arbitration Biased: Study


Professor Michael A. Geist
University of Ottawa Law School, Common Law Section
57 Louis Pasteur St., P.O. Box 450, Stn. A, Ottawa, Ontario, K1N 6N5
Tel: 613-562-5800, x3319     Fax: 613-562-5124
e-mail: mgeist a uottawa.ca
URL:    http://www.lawbytes.com

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