Udrp Panels: What you Should Know

The golden rule for a trial attorney is “know your judge.” This maxim also applies to domain name disputes where the UDRP Panel plays the role of the judge.

With this maxim in mind, parties involved in domain name dispute resolution should be aware of how the panels work, how you have the right to select how many panelists handle your case, and how you can ultimately affect which particular panelist is selected - so as to best know their "judge(s)".

The most common misunderstanding with those unfamiliar with the UDRP is how selecting a three person panel, as opposed to a single panelist, may affect the outcome of the decision. This is because of the rules that regulate the three-member panel, which afford each party the right to select one panelist with the third being selected by the provider from a list approved by both parties.

Regardless of your decision to choose a one or three-member panel, it is important to be able to recognize which prior decisions are favorable to your particular facts and circumstances and then identify the panelist(s) that delivered those decisions.

Conversely, it is as important, if not even more critical, to be able to know which panelists you should attempt to shield. These would be panelists that share opposing views, made known in their dealings with prior domain disputes. Further, it is important to note that should you decide to select three panelists and pay the additional fee, you can change your mind and select one panelist and get a refund if done in a timely and proper way. While both WIPO and NAF provide a list of panelists, the key is being able to understand where those panelists stand on particular issues that arise within a domain dispute; an issue that may control whether or not your goals are achieved.

See the list of panelists at both WIPO and NAF below:
WIPO’s list of panelists. http://www.wipo.int/amc/en/domains/panel.html#1

NAF’s list of panelists. http://domains.adrforum.com/panel.aspx

Ultimately, law firms experienced in the UDRP are more educated and better-equipped to select a list of panelists that will best serve your purpose given the unique set of facts. In addition, firms experienced in the UDRP and domain name disputes can also advise you as to the amount of risk, which may affect choosing a three person panel over a single panelist, given your particular situation.

So just as trial attorneys must know the background on the judges that they come before, you as the client need to know the background on the attorneys that you approach when you find yourself facing a domain dispute - because not doing so can have a real affect on the outcome of your case.