July 14, 2005

Does NAF rule on supplemental submission conflict with the UDRP?

A National Arbitration Forum panelist has held that the procedural rule governing supplemental submissions conflicts with the rules of the ICANN UDRP. The rule, which sets a five-day deadline for a complainant to file supplemental materials, creates a false expectation that the panelist will accept such submissions. The supplemental rule conflicts with the discretion accorded to panels under the UDRP rules, the panelist holds, because it has the effect of forcing the panel to accept the submissions.
In the decision, the Panel also writes it previously criticized the National Arbitration Forum’s Supplemental Rule 7.

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