Sure you can. It's stated explicitly in the UDRP on the very page you just linked: one way to handle a dispute is to take it to a court and get a ruling. > Und

Sure you can. It's stated explicitly in the UDRP on the very page you just linked: one way to handle a dispute is to take it to a court and get a ruling. > Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. > ... file a complaint in a court of proper jurisdiction against the domain-name holder ... Emphasis mine. You don't have to choose arbitration.