Dear Mr XXXX
I am very concerned about the lack of impartiality, or at the very
least the appearance of lack of impartiality, of WIPO in regards to
UDRP. Let me look at the case of xxxxxx
Here we have a case where the Complainant is located in
xxxxxxxxxxxx and whose owner has many tentacles
throughout the business and political World ,and pretty much
most companies there have a connection with.
Some of his companies are listed here;
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I of course am a small one man business located in the UK.
I note that the law firm who represent the Complainant
are also WIPO panelists. I note too that the Panelist
that has been appointed today for the above case in which
I am respondent was a Partner with WIPO in the
operation of a Forum in the Middle East on
enforcement of IP rights. That Panelist who has been
appointed to hear this above case also has a large
Law practice in xxxxxxxxxxxxxand has many connections
with the Complainant both directly and indirectly.
I cannot say that he is biased because that is hard to
prove, but as you will I know the ECHR in Strasbourg
has ruled time and again that such arbitrators and
judges must have the appearance of impartility,
which I am sorry to say this Panelist does not have,
either in terms of independence from WIPO
or from the Complainant. Perhaps this is through no
fault of his own, but be that as it may be he does not
appear impartial. On a more practical point, of all the
Countries in the World that you have Panelists from
why was one chosen from the same Country as
the Complainant ?. I would not care if they were from
Iraq,Iran or Timbuctoo but to choose one from the
Complainants Country ,which is a fairly "closed"
society seems at odds with common sense.
I hope that you will note this matter and ensure that
we can avoid taking up the Court's time with
an Injunction or other hearing.
Kind Regards
What do you reckon on this draft letter ,sent ?