Question about UDRP language as a deterrent?

[touchring]

I read somewhere that if the domain registrar is in say "Mongolia", if someone tries to lodge a UDRP, i can request the proceeding to be done in Mongolian language? This is seen as a deterrent, is that correct?

 

[Ronald Regging]

Perhaps if you are involved in a UDRP dispute and you do not speak english, you can request translations for all of the proceeding materials, but I doubt very highly that they would force a english speaking person to make claims or defend himself in a language he is unfamiliar with. It'd be a mockery of the entire process.

 

[touchring]

I've seen UDRP proceeding reports in Japanese! Not just translation, but the actual proceeding is in Japanese.

 

[Ronald Regging]

maybe both parties were Japanese?

 

[touchring]

I was told if the registrar is in Japanese the domain owner can request the proceeding to be done in Japanese, which of cos is to the disadvantage to the complainant that doesn't know Japanese.

 

[jberryhill]

UDRP rules require the proceeding to be conducted in the language of the registration agreement.

In circumstances where the website is in English, the host is in the US, the registrant is in the US, etc., panels regularly permit proceedings in English, regardless of the language of the registration agreement.

http://www.wipo.int/amc/en/domains/search/overview/index.html#43

4.3 What is the proper language of the proceeding?

Consensus view: The language of the proceeding is the language of the registration agreement, unless both parties agree otherwise.

Relevant decisions:
Telstra Corporation Limited v. Telsra com /Telecomunicaciones Serafin Rodriguez y Asociados D2003-0247 < telsra.com>, Transfer
Fondation Le Corbusier v. Monsieur Bernard Weber, Madame Heidi Weber D2003-0251 among others, Denied, Transfer in part
Advanced Magazine Publishers Inc. v. Computer Dazhong D2003-0668 , Transfer

However: In certain situations, where the respondent can clearly understand the language of the complaint, and the complainant would be disadvantaged by being forced to translate, the language of proceedings can remain the language of the complaint, even if it is different to the language of the registration agreement.

Relevant decisions:
L’Oreal S.A. v. Munhyunja D2003-0585 , Transfer
Deutsche Messe AG v. Kim Hyungho D2003-0679 , Transfer