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Barcelona.com Decision Reversed on Appeal
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You are correct on what you said and in fact I was just emphasising that fact, but most probaly it was misunderstood. I agree with you that sending back the case to WIPO would be out of the question and it is indeed procedurally impossible. In the meantime, the UDRP is drafted in such a way that it can be argued that the court action after a UDRP decision can be described as an "appeal", even though the courts do not seem to follow the same train of thought. The courts are not obliged to stay the litigation to await the outcome of a panel's decision. And since the UDRP is not compatible to arbitration rules, the courts are not supposed to consider a UDRP panel's decision as an appeal process.
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