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  #61 (permalink)  
Old 16th October 2009, 08:31 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by Clotho View Post
I noticed at the bottom of the article under the heading of related companies that Cheung Kong (Holdings) Limited and Hutchison Whampoa Ltd were mentioned.

I know that Cheung Kong (Holdings) Limited was the complainant in some cases. Does anyone know how Hutchinson Whampoa Ltd. is connected (besides being part of the Li Ka-shing group of companies?)
Cheung Kong (Holdings) Limited is the holding co of Hutchinson Whampoa Ltd. Li Ka Shing is the founder of Cheung Kong (Holdings) Limited.


Quote:
Originally Posted by Zak Muscovitch View Post
If people want this Committee to look at certain aspects and allegations, I suggest that a letter be sent to the Committee outlinging your allegations and facts. That is the proper way to handle the situation.
If the Committee is really to do some REAL thingS, at least several criteria must be met,

1. the Committee should report to parties other than ADNDRC HK itself (ADNDRC HK Council is trying to differentiate itself from its staff /administrators, but this will just cause more doubts against it)

2. the procedures and logistics must be transparent

3. questionnaire should be sent to ALL disputed cases respondents in previous and open cases asking for information and materials

4. "suspect" administrators (Ricky Wong and Dennis Cai) and the spotted panelists be suspended immediately and denied access to any of the documents and computer & email system

5. investigation works done (at least summary) and results be published




It appears that almost 2 weeks have lapsed after the 5 Oct 2009 announcement (http://www.adndrc.org/announcement/A...e_05102009.pdf ) was published in very low-profile & sneaky manner and it seems that none of the disputed cases respondents have heard anything from the Committee invited to give information and materials. How can an investigation be carried out if the respondents are not involved??!!


Besides, ADNDRC HK just have 2 case administrators, Dennis Cai and Ricky Wong, and it was confirmed yesterday (15 Oct 09) that they will continue to handle NEW cases. How come suspects of wrongdoings and misconducts are not isolated from handling cases if ADNDRC HK is really serious with the "investigation".
So .., the "investigation" may just be a show in response to media enquiry (at least 1 magazine with 200,000 circulation has called ADNDRC HK by late Sep / early Oct 09).

Look at ADNDRC HK's announcement in details you will find ADNDRC HK effectively asks media and people to shut up for the time being as it would not respond during the course of "investigation" until the release of the "result", but how long will the "investigation" take? What are the logistics? As no logistics details are given, and there's no sign that the Committee is really investigating the administrators and the spotted panelists sincerely, and no sign that the respondents are being requested to provide information and materials, ADNDRC HK may just choose the best time to release the results --- time when people start forgetting. And the game (scam?) of the crooks will continue.

Last edited by MDM; 16th October 2009 at 09:06 PM..
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  #62 (permalink)  
Old 16th October 2009, 10:17 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by Drewbert View Post
internal investigation usually results in wet bus ticket. :^(

EXACTLY!! This is just a show!

ADNDRC HK’s council members definitely know what has been happening internally, why they “investigate” only at this time if they consider what is going on the ADNDRC HK platform are unacceptable?? The wrongdoings and misconducts are not happening today but have been there for long time.

Do you believe the ADNDRC HK’s council members do not know the followings (being a small portion of the noted wrongdoings and misconducts) ?

- panelist Zhao Yun and David Kreider together handled 60% of the last 50 cases up to late August 2009, and handled some 2/3 of Li Ka Shing cases

- these 2 panelists ordered all names transferred to the complainants, (except in 1 case where ADNDRC HK tried to ignore the respondent’s request for 3 panelists by assigning David Kreider but failed, and a very respectable panelist sit in the case and the complaint was denied, http://www.idnforums.com/forums/141182-post44.html )

- panelist David Kreider wrote fictitious matter regarding a UDRP requirement and this helped transferring the name to Li Ka Shing group (point 2 c of http://www.idnforums.com/forums/138541-post9.html)

- in various cases of Li Ka Shing group handled by panelist Zhao Yun, he got hundred pages of complaint and response documents from ADNDRC HK, but he could return thousands words of decision (transferring the names) ON THE SAME DATE (e.g. http://www.idnforums.com/forums/139881-post32.html )

- in another Li Ka Shing group case, administrator Ricky Wong was spotted of delaying the case proceedings by pretending not receiving emails from the respondent’s registrar, panelist Timothy Sze in his decision joined in protecting ADNDRC HK by condemning the registrar as being non responsive; however, there is solid evidence that the registrar replied ADNDRC HK very promptly for every email from ADNDRC HK (which pretended not receiving reply from registrar)

- the administrators keep modifying (or falsifying?) the decision dates of cases (e.g. http://www.idnforums.com/forums/141175-post42.html )


ADNDRC HK’s Council simply knows what has been happening. What is the point of doing an internal “investigation” when public noises are becoming louder and louder?
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  #63 (permalink)  
Old 17th October 2009, 03:23 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

More newscutting regarding ADNDRC HK and one of the spotted panelists David Kreider:

http://www.twice.com.cn/article/html...9928063324.htm

=======================

域名申请者合法权益遭遇ADNDRC HK“双重标准”

2009-9-28 18:32:00 作者:尹锋 来源:TWICE 中国

  域名申请者Frank先生近日向律师行、媒体爆料,揭露香港国际仲裁中心下属的亚洲域名争议解决中心(以下称“ADNDRC HK”)在涉及与李嘉诚及其集团的争议域名仲裁过程中,存在仲裁员涉嫌舞弊和仲裁机构违法程序,帮助投诉方胜诉的行径。

  ADNDRC HK的行为对中国国内正当的域名产业造成严重打击。域名是互联网上的地址资源,是网民进行访问的“门牌号”,域名产业包括域名注册与服务、域名拍卖、域名保护等。

  根据中国互联网络信息中心(CNNIC)发布的《中国域名产业报告》显示,截止2009年6月1日,我国域名相关产业规模超过42亿元,从业人数超过了10万人。2008年域名的直接消费规模超过8.4亿,带动建站、虚拟主机托管等信息化基础服务超过33亿的产值。

仲裁机构受制利益团体

  域名注册者碰到争议域名时,一般通过仲裁机构仲裁解决,而ADNDRC HK是香港知名的域名争端解决机构。

  ADNDRC HK由中国国际经济贸易仲裁委员会、香港国际仲裁中心和韩国互联网地址争议解决委员会三家联合成,立。它根据《统一域名争议解决政策》、《统一域名争议解决政策之规则》以及《亚洲域名争议解决中心补充规则》对争议域名进行裁定。

  事实上,ADNDRC HK作为仲裁机构并非是完全独立和公正的,在仲裁涉及到较大利益集团的争议域名时,该机构的立场和仲裁员的倾向性偏向利益集团

  这种倾向性的根源在于仲裁机构的利益模式。“域名仲裁”已经成为一门大生意,ADNDRC HK每年经手的域名仲裁费用近10亿元,律师行、仲裁机构和仲裁员都需要靠投诉人的仲裁费用为生,被投诉人是不需要缴纳费用的。

  如果投诉人向仲裁机构提交的投诉得不到理想的结果,将会打击投诉人的积极性,从而间接影响到仲裁机构、仲裁员的收入。反之,仲裁机构做出的裁决有利于投诉人,将会带来更多的收入回报,也会刺激其他人前来投诉

  经亚洲域名争议解决中心处理的与长实(长江)及李嘉诚先生有关的域名争议,共有15件,其中涉及长实(长江)的域名争议有13项,涉及李嘉诚及李嘉诚基金会的域名争议有2项。上述15项争议中,12项争议被中心裁决被申请人将注册的域名转让给申请人;3项申请被中心拒绝。

  其中,ADNDRC HK的仲裁员Mr. David Laurence Kreider(柯瑞德)作为独任仲裁员或者首席仲裁员参与审理了上述15项争议中的6项,所有涉及李嘉诚集团的域名争端皆由香港高露云律师行代理。

  柯瑞德曾担任美国证券交易委员会纽约地区办事处的首席行政执法官以及香港证监会的企业融资主任。他同时是中国移动、欧洲Vodafone的法律顾问。

  高露云律师行是香港知名的律师代理机构,它已有140多年的历史,在香港法律界、政界、商界有很强的影响力,该机构与李嘉诚集团关系密切。

仲裁员违规裁决

  ADNDRC HK仲裁员任命流程存在违规。柯瑞德在涉及到李嘉诚以及长实集团的域名争议中如此高比率出任仲裁员,按照ADNDRC HK“轮选制”任命流程,概率微乎其微

  ADNDRC HK秘书处有70个仲裁员,每次有域名投诉, 秘书处都是按轮选制, 选出70个里的5个人,给投诉人及答辩人各自选择, 以双方排序得票最高者作该案仲裁员。

  柯瑞徳在仲裁过程中存在多处违规。在其经手的6项裁决中,其中5项柯瑞徳裁决申请人胜诉,责令被申请人向申请人转让已经注册的域名,1项(作为首席仲裁员)裁决拒绝投诉人申请。即使是与其它仲裁员共同裁决的案中, 但柯瑞徳也是持少数的看法, 硬要将域名判给李嘉诚集团

  仲裁机构和仲裁员联手违规。2009年1月2日,柯瑞徳判决“长江.com”强制性及无偿转让判给李嘉诚集团, 并且,在裁决结束当天,柯瑞徳就将裁决书通过ADNDRC HK秘书处发布出来。

  按照正常的流程裁决结果在3天后公布,因为仲裁员需要时间思考和整理仲裁意见书。柯如此快的速度出裁决结果,证明事前已有结论,且裁决书已基本成型

  该裁决结果遭遇抵制,并未能转到李嘉诚集团名下。2009年8月8日,李嘉诚集团代理律师高露云律师行向世界知识产权组织仲裁与调节中心(WIPO)提起投诉,要求仲裁回“长江”与域名“长江.com”。

  最终,仲裁小组认为,投诉人的行文已经构成了滥用“同意域名争议解决程序”,因此,李嘉诚所拥有的两家公司凡有域名反向劫持,判决李嘉诚败诉

  柯瑞德在负责仲裁的争议域名“长江基建.com”中,柯做出裁决的理由是“李嘉诚集团拥有‘长江基建’之商标“,从而判域名强制性及无偿转让李氏集团,但李氏集团根本不曾拥有仲裁人说的注册商标


=======================
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  #64 (permalink)  
Old 17th October 2009, 03:39 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

http://finance.asiadcp.com/html/zhen...014/56623.html



===========================
香港国际仲裁委员会遭举报 成立特别调查组自查丑闻2009-10-14
来源: 亚洲财经新闻 作者: Hong Kong, 2009年10月14日,(ABN Newswire) -

由于目前有针对香港国际仲裁委员会下属的亚洲域名争议解决中心(ADNDRC)香港办公室及其工作人员的潜在指控,ADNDRC委员10月5日宣布成立一个特别委员会来调查在处理域名争议过程中,是否因为ADNDRC在香港的行政处工作人员有错误的、或者是不检点的行为,而导致ADNDRC负有潜在的责任。

这个特别委员的有令人尊敬的大法官Michael Hartmann(主席) 先生、Robin Pearl JP、Fred Kan先生组成。特别委员会将向ADNDRC委员会呈交调查结果,由其采取相应的行动。对ADNDRC某些仲裁员的指控将由ADNDRC委员会直接调查。

最近,域名申请者Frank先生向香港仲裁委员会、在港各大律师行和媒体举报称,香港国际仲裁中心(HKIAC)下属的亚洲域名争议解决中心(以下称“ADNDRC HK”)所属仲裁员David Kreider(柯瑞德)、赵云等人在其涉及与李嘉诚及所属长江实业[98.90 0.76%]集团(00001.HK)、和记黄埔[54.00 0.28%](00013.HK)和李嘉诚基金的争议域名仲裁过程中,存在涉嫌舞弊、违法仲裁程序等不当行为,帮助投诉方恶意胜诉

Frank称,David Kreider(柯瑞德)、赵云已经HKIAC行政部员工不检点行为有违公平的仲裁原则,也违反了HKIAC自己的原则,将危害整个亚洲地区的商业仲裁制度。

根据HKIAC在官网上的资料显示,其成立于1985年9月,是一个民间非营利性中立机构。HKIAC设立是为了满足东南亚地区的商务仲裁的需要,同时也为中国内地当事人和外国当事人之间的经济争端提供“第三地”的仲裁服务。

ADNDRC HK是HKIAC的下属机构,由中国国际经济贸易仲裁委员会、香港国际仲裁中心和韩国互联网地址争议解决委员会联合成立,为中国内地当事人和外国当事人之间的域名争端提供服务。
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  #65 (permalink)  
Old 17th October 2009, 07:35 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Looks like they're gonna have a hard time sweeping THAT PUPPY under the carpet now.

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Old 25th October 2009, 03:33 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

长江.com (简) HK-0800172 答辩人心有同感,答辩人意想不到仲裁员David Kreider 对此域名判决答辩人败诉后,会一石激起千重浪至如此汹涌地步,然他们的所作所为受到很多人质疑,是应该被更广泛认知、调查及探讨。

ADNDRC HK在处理长江.com的个案时,确实存在明显问题。

在长江.com的个案中,答辩人在指定时间内递交了答辩书(Form R),按规则,ADNDRC HK需要给予投诉及答辩双方一份5人仲裁员候选人名单作选择的,但ADNDRC HK只是直接指派David Kreider去处理此个案的。

现在知道,很多人怀疑是否投诉人串通ADNDRC HK,将“安排好”的仲裁人送进处理某些个案?是否这个是明显的违规行为?越来越多的资料及证据不断曝光,“安排”David Kreider处理此个案的原因也变得明显不过。

从越来越多被发现之资料显示,ADNDRC HK及部份仲裁员(包括 David Kreider、赵云、Timothy Sze等)的疑似违规及串通行为不会是偶然发生或是不小心犯的“错失”。

另外,我们也注意到ADNDRC HK公布了会作内部调查其涉嫌违规及有不当行为之案件处理员以及部份仲裁员。但没有任何ADNDRC HK 或其委任之调查组接触过答辩人告知此事,更不用说要求答辩人提供资料或意见。

不知他们这个所谓的“调查”是怎么可以在不接触域名答辩人的情况下,有意义、有效、有诚信地进行?
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Old 25th October 2009, 07:26 AM
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Thumbs up Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by changjiang View Post
长江.com (简) HK-0800172 答辩人心有同感,答辩人意想不到仲裁员David Kreider 对此域名判决答辩人败诉后,会一石激起千重浪至如此汹涌地步,然他们的所作所为受到很多人质疑,是应该被更广泛认知、调查及探讨。
Protagonist (main character) of 长江.com (HK-0800172) speaks up


Finally the Protagonist (main character) of 长江.com (HK-0800172) speaks up for the matters regarding ADNDRC HK and its panelists!

"长江" = "Yangtze River", the longest river in China named thousands years ago. The domain name 长江.com (HK-0800172) was ordered transferred by ADNDRC HK panelist David Kreider, who is one of the panelists to be "investigated" by the Committee announced to be formed by ADNDRC HK ( http://www.adndrc.org/announcement/A...e_05102009.pdf )

长江.com (HK-0800172) with its ridiculous name transfer decison is the 1st case catching attention of public about the conducts of ADNDRC HK and its panelists (http://www.idnforums.com/forums/131539-post1.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences) , post 1 of this thread).
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Old 26th October 2009, 04:01 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by changjiang View Post
长江.com (简) HK-0800172 答辩人心有同感,答辩人意想不到仲裁员David Kreider 对此域名判决答辩人败诉后,会一石激起千重浪至如此汹涌地步,然他们的所作所为受到很多人质疑,是应该被更广泛认知、调查及探讨。

ADNDRC HK在处理长江.com的个案时,确实存在明显问题。

在长江.com的个案中,答辩人在指定时间内递交了答辩书(Form R),按规则,ADNDRC HK需要给予投诉及答辩双方一份5人仲裁员候选人名单作选择的,但ADNDRC HK只是直接指派David Kreider去处理此个案的。

现在知道,很多人怀疑是否投诉人串通ADNDRC HK,将“安排好”的仲裁人送进处理某些个案?是否这个是明显的违规行为?越来越多的资料及证据不断曝光,“安排”David Kreider处理此个案的原因也变得明显不过。

从越来越多被发现之资料显示,ADNDRC HK及部份仲裁员(包括 David Kreider、赵云、Timothy Sze等)的疑似违规及串通行为不会是偶然发生或是不小心犯的“错失”。

另外,我们也注意到ADNDRC HK公布了会作内部调查其涉嫌违规及有不当行为之案件处理员以及部份仲裁员。但没有任何ADNDRC HK 或其委任之调查组接触过答辩人告知此事,更不用说要求答辩人提供资料或意见。

不知他们这个所谓的“调查”是怎么可以在不接触域名答辩人的情况下,有意义、有效、有诚信地进行?

For easier understanding of what the Respondent of 长江.com (simplified chinese version) HK-0800172 was writing above (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences)(http://www.idnforums.com/forums/142205-post66.html) , we have volunteered to do the English translation here.


English translation:
********************

We, Respondent of the case 长江.com (simplified Chinese version) HK-0800172 deeply share the same view. Although we did not expect the name transfer decision of our domain name rendered by panelist David Kreider would stir up such huge waves, we do agree that their conducts, being questioned and suspected by so many, should be exposed for higher publicity, and subject to investigation and more discussion.

In handling our 长江.com case, ADNDRC HK definitely got obvious problems.

In our 长江.com case, we the Respondent submitted the Response (Form R) within the required of time. According to the rules, ADNDRC HK was required to provide a list of 5 candidates to both the Complainant and Respondent for panelist selection, however, ADNDRC HK just directly assigned David Kreider to handle our case.

It is now seen that many people are questioning whether some disputed domain names complainants have been conspiring with ADNDRC HK to send the “predetermined” panelist to handle designated cases. With more and more information and evidences exposed, the reasons for “arranging” David Kreider to handle our case cannot be more obvious.

As indicated by more and more uncovered information, the suspected misconducts and conspiracy acts of ADNDRC HK and certain of its panelists (including David Kreider 柯瑞德, Zhao Yun 赵云, Timothy Sze 施天艺) do not occur accidentally nor are they carelessly committed “mistakes”.

Besides, we also notice that ANDDRC HK has announced that it would conduct an internal investigation of its case Administrators and certain Panelists suspected to be involved in misconducts and wrongdoings. However, no one from ADNDRC HK or its nominated investigation Committee has contacted us or notified us about the investigation, not to say requesting us to provide information and opinion.

We cannot understand how its so-called “investigation” can be carried out meaningfully, effectively and creditably without contacting disputed names cases respondents?

********************
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Old 16th November 2009, 11:52 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Anyone can give update of the progress of investigation regarding the misconducts and wrongdoings of ADNDRC HK's staff and panelists?

Has ADNDRC HK's "independent" Committee contacted the cases respondents finally or vice versa?

Are the subject parties to be investigated still working with ADNDRC HK and the panelists still handling the cases?
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Old 24th March 2010, 06:48 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by IDNer View Post
Anyone can give update of the progress of investigation regarding the misconducts and wrongdoings of ADNDRC HK's staff and panelists?

Has ADNDRC HK's "independent" Committee contacted the cases respondents finally or vice versa?

Are the subject parties to be investigated still working with ADNDRC HK and the panelists still handling the cases?

Latest information and materials received through emails regarding the Investigation of ADNDRC HK’s cases administrators and panelists https://www.adndrc.org/announcement/...e_05102009.pdf .

It is noted that there has been an annual conference held by ADNDRC (with 4 offices : Hong Kong head office, Beijing office, Seoul office and Kuala Lumpur office), probably ADNDRC HK wishes to close the “Investigation” in rush before the 2010 annual conference to be held in Beijing to avoid further embarrassments.


*********************************************************
Below are 5 emails (from 15 to 20 March 2010) sent by Mr. Michael Hartmann, 夏正文 (chairman of the Investigation Committee) to Complainant A, and emails sent by Complainant A and Complainant B. Parties involved are more further defined below.

Parties:

- “ADNDRC HK” : Asian Domain Name Dispute Resolution Centre (Hong Kong Office) https://www.adndrc.org/hk_home.html

- “Special Investigation Council” : typo of “Special Investigation Committee” made by Mr. Michael Hartmann (see below). The committee was setup by early October 2009 by ADNDRC HK Council to investigate the various complaints on the wrongdoings or misconduct on the part of ADNDRC administrative personnel and panelists in Hong Kong, in connection with its handling of domain name disputes https://www.adndrc.org/announcement/...e_05102009.pdf

The Special Investigation Committee was setup right after certain Mass Media approached ADNDRC HK and did the reporting by late September 2009 regarding the various complaints against ADNDRC HK and its panelists, see an exampled journal published on 28 September 2009 here : http://www.idnforums.com/forums/141913-post63.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences) (note : the hyperlink http://www.twice.com.cn/article/html...9928063324.htm to the original post in a Mainland China website cannot resolve now and may have been censored?? )

- “Michael Hartmann (夏正文)” : chairman of the Special Investigation Committee. Michael is currently a Justice of Appeal of the Court of Appeal in Hong Kong http://www3.news.gov.hk/ISD/ebulleti...909en08006.htm , he has been using the email michaeljhartmann@judiciary.gov.hk of “Judiciary of Hong Kong” in communicating with Complainant A (see below) in the Investigation.

- “Complainant A” : One of the known Complainants regarding the misconducts and wrongdoings of ADNDRC HK and its panelists

- “Complainant B” : Another known Complainants regarding the misconducts and wrongdoings of ADNDRC HK and its panelists

- “Ricky Wong and Dennis Cai” : ADNDRC HK’s cases administrators being complained of.

- “David Kreider (柯瑞德) and Zhao Yun (赵云)” : 2 among the various, most prominent and blatant panelists of ADNDRC HK, being complained of.

David Kreider is currently an inhouse lawyer in Vodafone New Zealand http://www.davidlaurencekreider.com/index.html
http://www.davidlaurencekreider.com/page10/page10.html

Zhao Yun is currently the Associate Professor in Faculty of Law, The University of Hong Kong http://www.hku.hk/law/faculty/staff/zhao_yun.html


From the 5 emails below, apparently, it shows that:

 Mr. Michael Hartmann or the Investigation Committee has never approached both Complainants A and B in conducting the Investigation.

 The email dated 15 March 2010 was the very first email sent by Mr. Michael Hartmann to Complainant A, which was 6 months after the Investigation Committee setup by early October 2009. In the 15 March 2010 email, Michael Hartmann informed Complainant A that Investigation “has been completed subject only to matters you [Complainant A] wish to bring to our attention”. Michael Hartmann would require proof of identify, address, phone etc from Complainant A if Complainant A wishes to bring any matters to the Investigation Committee’s attention before the Investigation Committee would soon complete the Investigation.

 Complainant A broadcasted Michael Hartmann’s email and commented that Investigation is a faked one as he being one of the major complainants, has never been contacted by the Investigation Committee in the past 6 months and in such very first contact the Investigation Committee informed Complainant A that the Investigation has almost been completed. Complainant A also expressed his discontent that the focus of the Investigation has been deliberately distorted by Michael Hartmann to be a “review of effectiveness of proceedings” of a particular case, instead of the dealing with complaints on the general misconducts, wrongdoings and suspected criminal activities involving ADNDRC HK’s cases administrators and certain panelists with ample and solid evidences submitted previously.

 Complainant B has been closely communicating with Complainant A in the Complaints against ADNDRC HK and its panelists. Complainant B also sent emails to Michael Hartmann highlighting that the complaints are not on the proceedings of a particular case but the various findings as supported by researches, statistics, cases etc.

 Complainants A & B challenged the integrity of Michael Hartmann in handling the Investigation.

 Both Complainants A & B have been responding to Michael Hartmann and broadcasted the emails below. Both Complainants A & B are pushing for responses and proper & genuine Investigation be conducted, especially on the grounds that the public and mass media are expecting high level of integrity, independence and honesty from Michael Hartmann (being a Justice of Appeal of the Court of Appeal in Hong Kong and is using an email account from Judiciary Department of Hong Kong in the communication).


AND ~
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Old 24th March 2010, 06:50 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Mr. Michael Hartmann has never responded to both Complainants A & B emails below.



5 emails copied below:

==============================================
Email 1

From: <michaeljhartmann@judiciary.gov.hk>
Date: Mon, Mar 15, 2010 at 12:45 PM
Subject: Complaints against ADNDRC on Case no. HK-080####
To: [Complainant A]


15 March 2010

[Complainant A]

Dear Sirs,

Re: Complaints against ADNDRC on Case no. HK-080####

I refer to the above-captioned case and the complaints you made against the Asian Domain Name Dispute Resolution Centre (Hong Kong Office) ("ADNDRC") during the case proceedings. A Special Investigation Council has been formed and asked to consider whether there has been an efficient dealing with the complaints and, if not, whether the system can be improved.

I am writing on behalf of the Special Investigation Council.

Please be informed that our investigation has been completed subject only to matters you wish to bring to our attention.

Please also note that, in order to proceed further with your complaints, we need to know:

(1) the identity/identities, i.e. name(s), gender(s), nationality/nationalities of the person(s) in charge of your company, [Complainant A]; and

(2) your physical address and telephone number to allow us to get in touch with you.

You may write to us and provide us with the proof of the above-mentioned information, i.e. a copy of your identification card, either by post or email. Please be assured that your information will be kept confidential.

Your prompt reply is appreciated.

Yours faithfully,



Michael Hartmann
Chairman
ADNDRC Special Investigation Council

c.c. ADNDRC (Hong Kong Office)


==============================================
Email 2

From: [Complainant A]
Date: Tue, Mar 16, 2010 at 2:11 AM
Subject: HK Arbitration Scandal - investigating complainants or investigating ADNDRC HK & the panelists?
To: david.kreider@vodafone.com, zhaoy@hku.hk, ADNDRC_HK <hkiac@adndrc.org>

Dear recipients,

Below is the FIRST EVER email we received from the 'Investigation Committee" appointed by ADNDRC HK ever since the Committee was setup by early Oct 2009, despite we and some other parties have repeatedly intended to contact the Committee and has voluntarily provided information, but each time, the ADNDRC HK administrator (Ricky Wong, being one of the party being complained of and be one of the should-be subjects of the investigation) spoke on behalf of the Committee and turned us down.

We, and no other cases respondents, no complainants of ADNDRC HK, we know of have ever been contacted by the Committee in the past 6 months in their course of "investigation". The email below however suggests that the investigation has been "COMPLETED", only subject to something seemingly not important to them - "matters we wish to bring to their attention"!! However, the investigation was supposed to be setup because of such complaints from us and others, but we have never been contacted despite our repeated trials!

It also appears that we are not the only complainants of ADNDRC HK, however, to the best of our knowledge, other complainants of ADNDRC HK we know of are not receiving similar email below. It looks very weird and skeptical.

Besides, we and other parties we know of, are not complaining on our own cases, but the noted misconducts and dishonesty of the administrators of ADNDRC HK and certain spotted panelists, based on our own cases and the study of extensive cases handled by ADNDRC HK, however, the email below appears to distort the focus to a particular case, which is not the substance of the various complaints.

The request for personal identities, contacts, addresses ... and proof of them in email below, are not necessary in conducting such investigation, not even the Hong Kong Independent Commission Against Corruption agents are requesting this in entertaining/ receiving a complainant. The email below appears that the investigation is on the complainants of ADNDRC HK (i.e we and other complainants), instead of on the conducts of ADNDRC HK and certain panelists??

We have never seen an open, creditable, impartial and independent investigation be conducted in such an increditable and unprofessional manner.

As suggested previously by many, it's likely to be a rubber stamp distorting the focus of the complaints. The complaints are not on particular cases, certain cases have been cited just for illustrating that the observations and complaints are not unfounded. And how the 'investigation' would be conducted, has been expected by us and many other complainants of ADNDRC HK, and it appears to be the case - it's not a real investigation!

Keep protecting the minority wrongdoers but sacrificing the majority innocents amongst the panelists is stupid and irrational. People and public are not forgetful, many info, records and complaints are already circulating in the internet world or stored published in websites or stored in individual's harddisks, and everyone doing simple research and studies of ADNDRC HK cases will produce the same results!! Mass media are awaiting the "investigation" results, public are expecting some real actions be taken!!





[Complainant A]


==============================================
Email 3

From: [Complainant B]
Date: Thu, Mar 18, 2010 at 12:51 AM
Subject: Hong Kong arbitration scandal (OPEN LETTER to CHAIRMAN of COMMITTEE setup to investigate ADNDRC HK's wrongdoings and misconducts)
To: michaeljhartmann@judiciary.gov.hk
Cc: [Complainant A]

Dear Hon Justice Michael Hartmann,

We refer to [Complainant A]'s email bcc to us per his email sent at Date: Tue, Mar 16, 2010 at 2:11 AM with Subject "HK Arbitration Scandal - investigating complainants or investigating ADNDRC HK & the panelists?". It is noted in [Complainant A]'s email that the Committee chaired by your goodself finally and first time contacted one of the known complainants ([Complainant A]) of ADNDRC HK and certain of its panelists in your email sent to [Complainant A]'s co at Date: Mon, Mar 15, 2010 at 12:45 PM with Subject "Complaints against ADNDRC on Case no. HK-080####"

Please be advised that we are also one of the complainants against ADNDRC HK and its panelists and have been trying to contact the Committee previously without success. We are not sure whether the Committee has received the various submissions by us to the Committee through ADNDRC HK. If it did not, please find certain of our submissions in various emails below and we are formally submitting them again to the Committee herewith for your further action. Hence, please read through all submissions in emails below (to be followed by additional information / materials if appropriate).

We were respondents to 2 domain name dispute cases handled by ADNDRC HK, have also studied extensively cases handled by ADNDRC HK, have contacted various cases respondents, and are sharing similar view with [Complainant A], i.e. there are obvious misconducts and wrongdoings by ADNDRC HK (in particular the 2 administrators Ricky Wong and Denis Cai), and by certain panelists (in particular David Kreider and Zhao Yun). We also do not see why the Committee is taking the complaint as one filed by [Complainant A] on the case proceedings in his case HK-080####. Even the announcement by ADNDRC HK on 5th October, 2009 says that "Allegations made against certain individual ADNDRC PanelistS will be investigated by the ADNDRC Council directly." How could [Complainant A]'s case alone involve more than 1 PanelistS? And we are also complaining as cases respondents and also as ADNDRC HK cases observers, researchers and respondents coordinators, so you have to explain to the public if you are just including in your investigation one case (HK-080####) and just consider whether there has been an efficient dealing with the complaints and, whether the system can be improved. You are deliberately avoiding the issues complained of and have to face public queries.

We are also another complainant against ADNDRC HK and certain of its panelists, so we please extend your scope of investigation to include our submissions as well. Should you need clarification or anything, please let us know.

We have also included a copy of a very relevant document (filename : HK arbitration scandals.pdf) downloaded from a hyperlinked resource circulated around by emails. Such document includes statistics and findings very solidly pointing towards the possible misconducts and wrongdoings by ADNDRC HK and certain of its panelists. Items 5 to 8 should be the more relevant part and in particular Item 7. Please also review this another official submission by us for your investigation purposes if you have not received this previously.

Hence, we believe it should not be good and smart timing to “complete” the investigation at this stage in rush with purposes known to the various complainants. The Committee obviously needs time to digest our submissions (see ALL emails below as initial submission), how can the Committee complete the investigation without contacting the various complainants and without studying their submissions? The substance of the investigation is on the issues being complained of, not on the identities of the complainants, insisting such identities proof will just confirm you a puppet of the ADNDRC HK as your intention is known. If an unidentified person calls the police to report there is a bomb, can people accept the police not taking action because the caller has not provided its identity proof to the police? Eyes of public is sharp and will not be fooled by this small trick! Investigate whatever are being complained of is the primary reason for setting up the Committee, we trust.

We understand your goodself is one of the Justices of Appeal of the Court of Appeal of the High Court and is using Hong Kong Judiciary Dept's email in the correspondence. As a Justice of Appeal, one supposedly should be very respectable, creditable, independent and impartial with highest integrity. It's your personal choice of whether you and the Committee will do a thorough, independent investigation with highest integrity on the various complaints against ADNDRC HK and its panelists (we reiterate that it's not on particular case and we cannot see why it is just on the proceedings of [Complainant A]'s case HK-080####). The evidences are obvious and solid, the statistics speak for themselves without bias, the proof of repeated manipulation and ignorance of procedures by the administrators may even involve serious criminal activities with conspiracy among ADNDRC HK, its panelists and cases complainants' lawyers.

ADNDRC HK is no doubt trying to cover the wrongdoings and misconducts of certain parties with all efforts, but it is not likely to succeed. The more effort and more people are involved in covering them, the more people will be innocently scarified for few people not worth to protect, and the more serious and long lasting damages it will bring to the arbitration circle especially that of Hong Kong. If there are noted criminal activities, the covering of the wrongdoers may even be illegal especially the ones intending to protect them are very legally knowledgeable. So it’s their choices.

Many are waiting for a serious and creditable investigation be done and announced. You, as the chairman and figurehead of this investigation, are reminded that your name, integrity, reputation and probably career and future are attached to the investigation and the upcoming report, but of course, you and the other Committee members have the final choice in the manner of handling the investigation and reports. On the complainants’ side, on the other hand, we and other complainants also have our freedom in producing and publishing this email submission, our findings and comments on your upcoming investigation report, to the public, mass media, internet world or the authorities etc.

Glad that we can finally contact you directly and submit you this initial information and materials directly. Next, is your decision, and we and others will see.

Yours faithfully,

[Complainant B]


==============================================
Email 4

From: [Complainant A]
Date: Thu, Mar 18, 2010 at 2:22 AM
Subject: Hong Kong arbitration scandal (OPEN LETTER to CHAIRMAN of COMMITTEE setup to investigate ADNDRC HK's wrongdoings and misconducts)
To: michaeljhartmann@judiciary.gov.hk
Cc: [Complainant B]

Dear Mr. Harmann,

Noted from below that another complainant ([Complainant B]) against ADNDRC HK and its panelists have been in touch with you. We and [Complainant B] have been communicating closely and we are endorsing their submission with attached file, so we are bringing together these to the Investigation Committee's action.

Also we are submitting a hyperlink to a site where you can find plenty of the complaints and observations about ADNDRC HK and its panelists, so you cannot avoid the complaints by treating it a particular case' proceeding issues. Please read them through, there are a lot of astonishing findings and evidence of misconducts by ADNDRC HK and its panelists that will shock anyone, and we and the public expect you would deal with the case as if you are really a respectable judge.

http://www.idnforums.com/forums/2153...evidences.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences)

We are assuming you and the other Committee members were not aware of these resources as ADNDRC HK is likely to cover them before passing the case to you, but now, there should not be any reason for the Committee to ignore them.

Google it, this is public and do not attempt to make jokes with the investigation in protecting the minority wrongdoers.

http://www.google.com.hk/search?hl=z...=&oq=&gs_rfai= (the forum is on the 1st page of Google search so you can estimate the traffic and views, it's already very public).


http://finance.asiadcp.com/html/zhen...014/56623.html

http://www.menafn.com/qn_news_story_...yId=1093276826

http://dnattorney.com/labels/adndrc.html

....

Dont' pretend the Committee does not see these, they have been on the internet for 6 months and will be there permanently, and your investigation report and our comment and further actions will be followed by public, circulated and uploaded.



[Complainant A]


==============================================
Email 5

From: [Complainant A]
Date: Sat, Mar 20, 2010 at 2:04 PM
Subject: Re: Hong Kong arbitration scandal (OPEN LETTER to CHAIRMAN of COMMITTEE setup to investigate ADNDRC HK's wrongdoings and misconducts)
To: michaeljhartmann@judiciary.gov.hk
Cc: [Complainant B]

Dear MR. Hartmann,

We refer to your email to us (Mon, Mar 15, 2010 at 12:45 PM subject : Complaints against ADNDRC on Case no. HK-080####), and [Complainant B] and our emails to you recently sent after receiving your such email (see below).

If the Committee is setup to investigate ADNDRC HK and its panelists because of external complaints and enquiries by Mass Media, we cannot understand why the Committee did not have to contact the complainants directly before you alleged that you have almost complete the "investigation". The motive is also suspicious regarding your request of proof of address, contact, identity ... before you would attend to a complainant's DIRECT submission, or respond to the complainants' DIRECT correspondence to you.

ADNDRC HK and its panelists are the subjects to be investigated, any information / materials / submission passed by them to the Committee cannot be regarded as unbiased, uncensored, unmodified and complete, the logic behind is super simple and is of just primary school kid's IQ level. All these just expose further that ADNDRC HK and the investigation Committee are conspired to cover up the issues being complained of.

Please advise / confirm the Committee's position on its attending to complainants and status of investigation, that whether the Committee has almost completed the 'investigation' without contacting the key complainants and/or without receiving / considering DIRECT submissions from such complainants. And any comment you have on our and [Complainant B]'s direct submission and emails to you recently sent after your Mon, Mar 15, 2010 at 12:45 PM email to us?

If the Committee still remains silent to our recent emails and direct submission, we have our ways to make you speak up and respond, just like ADNDRC HK finally could not escape but setup the Committee for "investigation". Although you are not a judge in handling the investigation, we believe your background and the email (HK Judiciary Dept) you're using should make people and public perceiving you are highly independent, objective, logical, scientific, reasonable and fair in handling the Investigation, but we can prove to people, public and mass media easily that their perception is totally wrong illusion if the investigation is not conducted as perceived (i.e. there can be fundamental and serious wrong perception on the integrity of someone with your similar background).

As reiterated many times, we do not understand the logic and motives of protecting the minority wrongdoers at the expenses of others' goodwill, integrity, reputation ... What is the motive to be a judge? Money? Or upholding justice and find out and report the truth?


Kindly respond befor it's too late.



[Complainant A]
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Old 25th March 2010, 10:57 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Breaking news!

Quote:

Li Ka Shing group filed additional domain names with HKIAC (Hong Kong International Arbitration Center http://www.hkiac.org/show_content.php?sec=4 ), 'won' the names (as expected). The names Respondents losing the names called a press conference on 25th March 2010 expressing their discontent and have started a lawsuit against Li Ka Shing group in court of China.

ADNDRC HK is operated and managed by HKIAC, they are sharing same resources e.g. phone, office, fax, and certain staff and panelists are duplicating ... (see findings below). So what we expect from ADNDRC HK may be applying to HKIAC.

Some 'Resources' shared by HKIAC and ADNDRC HK:

HKIAC

http://www.hkiac.org/show_content.php?article_id=13

Gary Soo , Secretary-General, or
Primrose Law, Deputy Secretary-General

Hong Kong International Arbitration Centre
38th Floor Two Exchange Square
8 Connaught Place
Hong Kong S.A.R.
China

Telephone: (852) 2525-2381
Fax: (852) 2524-2171
Email: adr@hkiac.org

ADNDRC HK

http://www.adndrc.org/hk_contact.html

Asian Domain Name Dispute Resolution Centre (Hong Kong Office)
Attention: Domain Name Case Administrator
38/F Two Exchange Square
8 Connaught Place Central
Hong Kong
Tel : (852) 2525 2381
Fax : (852) 2524 2171
Email : hkiac@adndrc.org


Gary Soo the Secretary-General of HKIAC is a panelist of ADNDRC HK. HKIAC manages and operates ADNDRC HK (both HKIAC and ADNDRC HK) supposedly just provide administrative procedures for UDRP etc. Is there any conflict of interest, impartiality and independence to have the top management of the arbitration centers be an on-list panelist as well?!

Also, the 2 most prominent and blatant panelists of ADNDRC HK, being complained of, and be subjects of Investigation conducted by a Special Investigation Committee headed by Mr. Michael Hartmann, are also panelists of HKIAC.

So it's smart to start cases outside the platforms of HKIAC and ADNDRC HK.



Below is the reproduction of the breaking news:

======================

“融资城”和李嘉诚争“长江实业.中国”域名
2010年03月25日11:26 

互联网中文域名将于今年中期全球通用,随着“.中国”域名施行后越来越受到欢迎,对中文域名的争夺也愈演愈烈。由于对未来可能使用到的中文域名先行注册,深圳中小企业投融资网络平台“融资城”日前就接到香港国际仲裁中心发来的仲裁函,要求剥夺其对“长江实业.中国”等域名的所有权。昨日,“融资城”负责人召开新闻发布会,称对仲裁结果不服,已提出反诉。目前,北京市第一中级人民法院已经受理了此案。

提前注册“长江实业.中国”
  
据介绍,中文域名是含有中文的新一代域名,同英文域名一样具有唯一性,是互联网上的门牌号码和身份标志。互联网中文域名将于今年中期全球通用,可实现英文域名的所有功能。全国公测结果显示,94.35%参与公测的网民表示愿意使用“.中国”域名访问网站。
  深圳企业“融资城”总经理董育铭称,2008年11月30日,“融资城”电子商务有限公司委托合作企业盘古投资担保有限公司对“融资城”未来可能使用到的中文域名进行保护性注册,其中“長江實業.中国/长江实业.中国/長江實業.cn/长江实业.cn”域名为2009年9月28日注册。

  中小企业应平等享有域名

  对于注册此域名的原因,董育铭称,是为了便于“融资城”未来为其用户及会员提供包括投融资服务、提供域名注册及解析、企业建站、网络优化等互联网基础服务、互联网整合营销服务等在内的综合服务时使用。

  “中国企业的商号重名率很高,而在网络上随意'百度’一下,内地用'长江实业’作为名号的企业据不完全统计超过500家。”董育铭表示,而其中大部分是中小企业,所有上述企业都应该平等享有使用“長江實業.中国/长江实业.中国/長江實業.cn/长江实业.cn”域名的权利。如果这些域名只能指定给香港大企业使用,那么内地的广大中小企业的利益将受到严重伤害。

  收到仲裁函

  据介绍,2009年12月2日,“盘古投资”接到香港国际仲裁中心发来的关于受理香港首富李嘉诚旗下的香港长江实业(集团)公司(简称“香港长江”)投诉“盘古投资”侵犯其域名所有权的投诉函,投诉函称“香港长江”认为“盘古投资”对“長江實業.中国/长江实业.中国/長江實業.cn/长江实业.cn”域名不享有任何权利,不具备任何合法权益,上述域名应该归“香港长江”所有。

  2010年2月2日,香港国际仲裁中心作出仲裁,要求剥夺“融资城”和“盘古投资”对上述域名的所有权,并将所有权转移给“香港长江”。

  深企反诉长江实业

  董育铭称,“域名”是由“名+域”组成的。如“长江实业.中国”的名是“长江实业”,域是“.中国”。域有很多,如.com,.net,.cn等。正是这样的域名体系才能保证众多跟“长江实业”有关的企业都有机会使用到自己喜爱和独有的域名。

  董育铭认为,认为“长江实业.中国”、“长江实业.公司”、“长江实业.网络”、“长江实业.com”、“长江实业.net”、“长江实业.cn”是一回事的观点,显然是有失偏颇的。否则就可以演绎成“长江实业”这四个汉字是属于某个人或某个机构。这显然损害了大多数社会主体的利益,而过度保护了一个主体的利益,违反了法律最基本的平等原则。

  因此,对于香港国际仲裁中心作出的这一仲裁结果,“融资城”表示不服,遂于2010年2月11日委托“盘古投资”向北京市第一中级人民法院提出反诉。目前,北京市第一中级人民法院已经受理了此案。

  域名抢注纠纷时有发生

  今年3月17日,中国互联网络信息中心最新修订的《域名争议解决办法》首次规定,注册域名用于出售将不再属于恶意抢注,这迅速催生了中文域名的抢注交易热潮。而可口可乐、埃克森、梦特娇服饰、中兴通讯(000063,股吧)、淘宝网、羽西、莱卡、托福等众多知名企业扎堆提出仲裁,追讨自身品牌的中文域名。据世界知识产权组织(WIPO)23日公布的2009年的域名抢注纠纷处理情况,诉讼案件数为2107起,虽较上年减少9.5%,但已是连续第3年超过2000起。

http://news.hexun.com/2010-03-25/123108557.html
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Old 25th March 2010, 11:53 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by IDNer View Post
Breaking news!

Also, the 2 most prominent and blatant panelists of ADNDRC HK, being complained of, and be subjects of Investigation conducted by a Special Investigation Committee headed by Mr. Michael Hartmann, are also panelists of HKIAC.

So it's smart to start cases outside the platforms of HKIAC and ADNDRC HK.

The 2 most prominent and blatant panelists being complained of and investigated mean David Kreider and Zhao Yun. They are panelists in both HKIAC and ADNDRC HK.

By being "smart to start cases outside the platforms of HKIAC and ADNDRC HK", this does not apply to domain names cases complainants as they should love HKIAC and ADNDRC HK. So it should be smart for domain names cases respondents losing names from HKIAC and ADNDRC HK arbitration to start legal cases or even hold press conference as that reported in the above breaking news.
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Old 25th March 2010, 03:36 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

This is the website to go to read up on past domain dispute cases/decisions, correct?

However, I have a question...

The last case/decision was on 2009-12-29 (see below link). So happened? Surely year 2010 must have disputes too. Have they stop handling disputes cause of this bad/unethical thing? Where have all the disputes moved to? (Or is it simply cause they have not updated their website yet for the 2010 case.)


https://www.adndrc.org/hk/case_decision.php


KR-0900037
Samsung Networks
Korea
jae young shin
Korea
삼성.name(XN--CG4BKI.NAME)
2009-12-29
Domain Name Transferred
CN-0900325

Last edited by idncurious; 25th March 2010 at 03:55 PM..
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Old 25th March 2010, 04:35 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by idncurious View Post
This is the website to go to read up on past domain dispute cases/decisions, correct?

The past dispute cases/decisions are of little reference value for cases handled by ADNDRC HK and its manager and operator HKIAC. Who you know in the arbitration centers and which panelist(s) you can include / exclude in your case is of more relevance.



Quote:
Originally Posted by idncurious View Post
However, I have a question...

The last case/decision was on 2009-12-29 (see below link). So happened? Surely year 2010 must have disputes too. Have they stop handling disputes cause of this bad/unethical thing? Where have all the disputes moved to? (Or is it simply cause they have not updated their website yet for the 2010 case.)


https://www.adndrc.org/hk/case_decision.php
Don't trust the published details without questionings. According to UDRP requirements, ADNDRC HK is obligated to publish cases just within days of the decisions, however, ADNDRC HK seldom follows the requirements despite it is "under investigation" (fake one however).

There were incidences that ADNDRC HK published cases more than 3 weeks plus after decision date but ADNDRC HK dated back the publish date as to pretend it did timely publish the cases.

There were also many incidences that ADNDRC HK modified the decision dates (to a later date) to make their late publish of decided cases looked less delayed , see here : http://www.idnforums.com/forums/141175-post42.html



Yes really strange and good findings from idncurious, from the searches of ADNDRC website today :



https://www.adndrc.org/hk/case_decis...4&keyword=0900 [after data generated, sort the "DateFiled" column, which is the alleged case publish date by ADNDRC HK (though sometimes manipulated by them) ]

>> no 2009 cases were completed and published after Dec 29 2009, for all 4 offices under ADNDRC



https://www.adndrc.org/hk/case_decis...4&keyword=1000

>> no 2010 cases were completed and published till today (Mar 25 2010), for all 4 offices under ADNDRC !! Do you believe??!!


Probably ADNDRC HK intended to suddenly upload a batch of decided cases sneakily unnoticed by people (because they are being "investigated" and they want to upload after the completion of the "Investigation" with a "controlled and manipulated" investigation report? Let's wait for the "Investigation" report from Mr. Michael Hartmann, Justice of of the Court of Appeal in Hong Kong https://www.adndrc.org/announcement/...e_05102009.pdf).

Now idncurious has spotted a new findings, ADNDRC HK will probably say it's their "system fault" again (see their track record : http://www.idnforums.com/forums/141049-post40.html ADNDRC HK even dared to send out fraudulent and deceptive name transfer instruction for case where the Respondent won, whatelse they dare not doing?!)

Last edited by MDM; 25th March 2010 at 04:42 PM..
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Old 25th March 2010, 07:25 PM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Well, guess what?

ICANN doesn't even have written contracts with any of the UDRP providers.

That's why some much shenanigans are taking place. ICANN can't do a thing to stop it.

Another "heck of a job, Brownie" by ICANN's Legal Counsel.
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Old 26th March 2010, 01:17 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by Drewbert View Post
Well, guess what?

ICANN doesn't even have written contracts with any of the UDRP providers.

That's why some much shenanigans are taking place. ICANN can't do a thing to stop it.

Another "heck of a job, Brownie" by ICANN's Legal Counsel.

Drewbert you are so kind to comment what are happening in ADNDRC HK are just "shenanigans".

Majoritity of public, courts, police, and other investigation authorities (excluding the "Investigation Committee" setup by ADNDRC HK itself chaired by Michael Hartmann Justice of Appeal of the Court of Appeal Hong Kong of course ) would likely to consider them "frauds and deceptions".
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Old 26th March 2010, 04:05 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Sorry if I seem clueless as I have not been keeping up with the details of this case...

The last time I heard, these are the decisions...

长江.COM was to be transferred to Li Ka Shing's company.
长江.NET was complain rejected
長江.COM was reverse hijacking

However, when I did a whois on 长江.COM just now (see below), it still does NOT list Li Ka Shing's company as the owner.

Was there a successful appeal and that decision reversed? Or is it because the panel is under investigation and therefore the decision (to transfer the 长江.COM to Li Ka Shing) is on hold?



长江.COM WHOIS
Updated: 1 second ago
Domain Name : ??.com
PunnyCode : xn--9sw509f.com
Creation Date : 2005-07-24 00:00:00
Updated Date : 2009-01-05 06:57:32
Expiration Date : 2011-07-24 00:00:00


Registrant:
Organization : Chen QingRui
Name : Chen QingRui
Address : yi zhong huang,qin huang gong ye qu,mu bei cun,dong pu,tian he
City : guangzhoushi
Province/State : guangdongsheng
Country : china
Postal Code : 510663

Last edited by idncurious; 26th March 2010 at 04:33 AM..
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Old 26th March 2010, 05:34 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by idncurious View Post
Sorry if I seem clueless as I have not been keeping up with the details of this case...

The last time I heard, these are the decisions...

长江.COM was to be transferred to Li Ka Shing's company.
长江.NET was complain rejected
長江.COM was reverse hijacking

However, when I did a whois on 长江.COM just now (see below), it still does NOT list Li Ka Shing's company as the owner.

Was there a successful appeal and that decision reversed? Or is it because the panel is under investigation and therefore the decision (to transfer the 长江.COM to Li Ka Shing) is on hold?

No, appeal system does not seem to exist for domain names arbitration cases in HKIAC and ADNDRC HK, and even there is, don't expect you would get miracle from these 2 arbitration centers (effectively 1 group as the 2 arbitration centers are in same office, with same phone no., same fax no, and with similar personnels and duplicating panelists http://www.idnforums.com/forums/158502-post72.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences) , of course David Kreider and Zhao Yun inclusive).

For the 长江.COM case, the Respondent "losing" the name under the group (ADNDRC HK as Dispute Resolution Provider + Wilkinson & Grist as Complainant's lawyers + David Kreider as sole Panelist) somehow managed to transfer the name away from the original Registrar in US to a China Registrar, and it seems that the Respondent has also started a lawsuit for the decision so the ADNDRC HK decision cannot be enforced on the original Registrar in US. Here is a post by the Respondent of the said case revealing some of the misconducts of ADNDRC HK in his case http://www.idnforums.com/forums/142205-post66.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences) and the translation is here http://www.idnforums.com/forums/142231-post68.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences)

Seems the mainlander Chinese and taiwanese are also very discontented with the decisions rendered by the HKIAC and its kid ADNDRC HK, and the mainlander Chinese and taiwanese are more eager to start lawsuits for the HKIAC and ADNDRC HK decisions or call for press conference http://www.idnforums.com/forums/158502-post72.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences)

Last edited by MDM; 26th March 2010 at 06:09 AM..
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Old 26th March 2010, 08:38 AM
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Re: ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences

Quote:
Originally Posted by MDM View Post
Seems the mainlander Chinese and taiwanese are also very discontented with the decisions rendered by the HKIAC and its kid ADNDRC HK, and the mainlander Chinese and taiwanese are more eager to start lawsuits for the HKIAC and ADNDRC HK decisions or call for press conference http://www.idnforums.com/forums/158502-post72.html (ADNDRC HK and some of its panelists - bad, unethical & illegal conducts evidences)
Good. I am glad he has the support of the Chinese mainlanders. Yes, definitely take it to the courts.

I think when you are talking about Li Ka Shing (the richest man in Asia), certain people will automatically kiss his ass (even if he never asked for it) in the hope that they will get on his good side and maybe hope for a pay back in the future. (ie. You wash my back and I wash yours.)

If I am the judge, I will smell that stench. I hope the judge that hears this case will be as wise as I am

I really hope this decision gets corrected... or we should ALL be afraid- that this peanut gallery will decide our next case.

Last edited by idncurious; 26th March 2010 at 09:05 AM..
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