I think JB was saying that it's also cos most of the lawyers wont take on a case unless they believe that there's a good chance of winning.
It depends. I've taken on cases in which the optics weren't very good, and which, just based on appearances and the general run of cases of that kind, there was a low probability of success. Because the outcome can depend on a highly subjective determination of intent, there are certainly situations where the respondent was definitely not cybersquatting, but the panel simply did not believe it.
Any disputed proceeding can go either way, and I do try to give people an objective assessment of what I believe the likelihood to be. I have won cases which I thought had little chance of success, and I have lost cases which I thought were very likely to be won. Life can be like that.