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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    Uniform Dispute Resolution Policy (UDRP) Will English Become THE Language of the UDRP?
    posted by michael on Thursday March 04 2004, @11:47AM

    cedric writes "'[T]he language of the administrative proceeding shall be the language of the registration agreement', says article 11. That is why, in a recent conflict, a Korean respondent objected that all documents proceeding should be filed in his native language, and not in English. The arbiter decided otherwise.

    The reason? There were written communications exchanged among the parties showing that the Respondent 'seems [sic] to have little difficulty in communicating in the English language'."

    That may comply with the spirit of the article 11... But why did the arbiter also write 'the Complainant is not able to communicate in Korean and therefore, if the Complainant were required to submit all documents in Korean, the arbitration proceeding will be unduly delayed and the Complainant would have to incur substantial expenses for translation'?

    '[S]ubstantial expenses'? This Complainant is a giant of armament, one of the first French firms.

    '[N]ot able to communicate in Korean'? And in any other language! The complainant is a firm: does a legal entity have a tongue?"

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    · Also by michael
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    Will English Become THE Language of the UDRP? | Log in/Create an Account | Top | 2 comments | Search Discussion
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    Legal entities
    by TFBW on Thursday March 04 2004, @03:45PM (#13074)
    User #3864 Info
    The complainant is a firm: does a legal entity have a tongue?

    Whether or not legal doctrines have been established on this matter anywhere, I cannot say, but it strikes me that the "commonsense" answer to this question is, "yes: the native tongue of a corporation is the language in which board meetings are normally conducted". Alternatively, you could require a corporation to be conversant in the official tongue(s) of the states in which they are incorporated. That wouldn't be a description of "native tongue", but it strikes me as a perfectly reasonable legal requirement for a corporation. It's probably a necessary condition for incorporation anyhow, given that all the paperwork will be written in the language(s) of the state.

    Bearing on this case: can a corporation reasonably be expected to be conversant in any arbitrary language? No. Is English a reasonable common tongue in the circumstances? It seems the most reasonable option.

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