RE: Dispute resolution

[David Rosenthal <rosenthal@insider.ch>]

>From: 	Leo Smith[SMTP:barter@ntplx.net]
>
>John Leslie's asked: 
>": >    The draft recognizes that gTLDs are inter-national by their
>nature,
>: > and that arbitration should be preferred to litigation. Why can't
>we
>: > be consistent here?
>To which Karl Denninger  replied:
>: This is an unconstitutional requirement (see the 5th amendment in the
>US).
>
>Karl...The Fifth Amendment only restricts what the GOVERNMENT can do,
>and
>allows for protection from arbitrary and capricious actions by
>GOVERNMENT
>entities. Unless IAHC or Core is deemed a government entity, no
>constitutional protections attach. Your rights under the constitution
>do no
>apply to actions taken by private businesses.

What about anti-trust law?

Anyhow, here in Switzerland (and probably in many countries of the
world) any arbitration/jurisdiction agreement would be binding only
between the registrar and the registrant. All others have to find proper
jurisdiction with a court ... and there are plenty of rules for doing
so, at least here in Europe (we have international agreements for that
purpose which work quite well). If a trademark owner wants to sue a
domain name holder he could take him to court, here in Europe most
likely in his own country.

David

>