ICANN Ombudsman has received a number of complaints about the results received from the dispute resolution providers in the new gTLD applications.
He replied to these complaints and he said that the real problem is that apart from the internal review procedures, there is no ability to seek an appeal from the panel decisions.
Here are some important points from his reply:
“I have received a number of complaints about the results received from the dispute resolution providers in the new gTLD applications. I have received some careful and full submissions in relation to inconsistencies across the decisions which have been made, and have been invited to consider that the inconsistencies have made the decision making unfair.”
“The real problem as it seems to me, is that apart from the internal review procedures, there is no ability to seek an appeal from the panel decisions. A number of complainants had mentioned the need for an appeal process, emphasising that some of the decisions were in their view, inconsistent or not following the majority views. For that reason the complainants have opted to invoke the ICANN reconsideration process, and following this process, have then come to the ombudsman for a review.”