[CCWG-Accountability] CCWG-Accountability work team 2: draft 5.1

[Bruce Tonkin]

Hello Mathieu,


>>   I suppose we would need to assess what options a gTLD registry would have if Icann were to not deliver on these commitments ?

Well the gTLD registry operator has termination rights if ICANN breaches the covenants - but they may not be what the gTLD registry operator wants to do.

ICANN is also subject to binding arbitration under the agreement:

"Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce"

" Registry Operator and ICANN agree that irreparable damage could occur if any of the provisions of this Agreement was not performed in accordance with its specific terms.  Accordingly, the parties agree that they each shall be entitled to seek from the arbitrator or court of competent jurisdiction specific performance of the terms of this Agreement (in addition to any other remedy to which each party is entitled)."

It would seem more likely that a registry operator would seek a binding commitment from ICANN to address any breach of its covenants.

Regards,
Bruce Tonkin