Hi folks, Just to followup on our call, in regards to proposals #18, #19, and #20: https://community.icann.org/download/attachments/93126760/URS-Proposal-18.pd... https://community.icann.org/download/attachments/93126760/URS-Proposal-19.pd... https://community.icann.org/download/attachments/93126760/URS-Proposal-20.pd... attempting to solve the "lack of a cause of action" problem, whereby a registrant attempting to bring a court action to challenge the outcome of an adverse URS/UDRP would be denied a decision on the underlying merits in the courts, as the case would be tossed for lack of a cause of action:, there were questions regarding whether the Yoyo.email case was an outlier, etc., i.e. whether there was any real issue. First, it wasn't just one case in the UK. There were others (albeit, not involving the UDRP, but the very similar Nominet DRS), see: https://www.lexology.com/library/detail.aspx?g=4f1b77cc-8474-4e9f-b02d-f6547... "The High Court also clarified that it did not have jurisdiction to hear appeals of uniform dispute resolution policy (UDRP) or Dispute Resolution Service (DRS) decisions. .... In relation to the claimant's request for declaratory relief, the court held that the UDRP did not "afford any jurisdiction" to the High Court to "act as an appeal or review body" from the domain name dispute resolution panel's decision in August 2014. The judge held that clause 4k of the UDRP (which states that the parties are not barred from taking the matter to court after its conclusion) did not give rise to a separate cause of action in favour of the claimant, nor give the court any jurisdiction to act as an appeal or review body in relation to the UDRP decision. This is in line with the previous case of 'Toth' which similarly held that the court did not have jurisdiction to hear appeals of DRS policy decisions. (By way of reminder, Nominet's DRS policy is applicable in relation to '.co.uk' domain names whilst WIPO's UDRP is relevant to various other gTLDs, such as '.email' in this case.)" So, there's "Toth", which is mentioned too. Toth v Emirates is discussed at: https://www.brownejacobson.com/about-us/news-and-media/published-articles/20... https://www.theregister.co.uk/2012/03/22/nominet_rules_mean_abusive_domain_n... "The High Court has struck out an application for a declaration that a domain name was not an abusive registration, and found that the question of whether or not a registration is abusive is one for the expert only." Here's a third example, Patel v. Allos Therapeutics: https://www.edwincoe.com/blogs/main/court-confirms-principles-applied-domain... "In Patel, the unsuccessful respondent at UDRP commenced proceedings in the Chancery Division and was met with an application for striking out, which was granted, the judge holding that the proceedings disclosed no cause of action and were totally without merit. Referring to clause 4(k) of the UDRP the judge in Patel had noted that this clause speaks of “referring the dispute” to the court for “independent resolution” but had made it clear that this cannot confer a jurisdiction on the court which it does not otherwise have, and that the claimant must demonstrate some independent right of action." Furthermore, this is also apparently a problem in Australia (Paul Keating had mentioned this in the IGO PDP, although I don't have any case citations -- perhaps he'd share). So, to deny the existence of this problem in the face of actual court precedents does not seem credible to me, especially when you have law firms openly stating (as per the most recent link above) that: "The High Court has confirmed that (1) unsuccessful respondents in UDRP or DRS proceedings have no right of appeal to the English Court..." The three solutions proposed address an actual problem for registrants, namely access to the courts, that were part of the "grand bargain" that was made when these policies were adopted. The DRP policies from ICANN were never intended to be the "final word." I also refer folks back to the original thread in November 2017 on this topic: https://mm.icann.org/pipermail/gnso-rpm-wg/2017-November/002585.html https://mm.icann.org/pipermail/gnso-rpm-wg/2017-November/date.html Sincerely, George Kirikos 416-588-0269 http://www.leap.com/