[bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers

Phil Corwin pcorwin at butera-andrews.com
Wed Oct 20 04:46:07 UTC 2010


I regard Sarah's suggested amendments as "friendly" and want to give them full review in the morning.



However, I'm somewhat reluctant to excise any reference to "contracts" at this early stage (when we are just trying to get ICANN's attention and get a discussion initiated) because contracts are the standard means by which ICANN establishes a continuing relationship with accredited parties. I don't think such a contract necessarily extinguishes independence -- it doesn't seem to have constrained registries or registrars all that much, except when they are in egregious breach. One might even contend that the lack of contract gives ICANN more potential influence, since it is not bound by any standard for cancelling a UDRP provider's accreditation.



In any event, the present language does not insist on contracts but is flexible --


The Business Constituency (BC) cannot support approval of this or any other UDRP accreditation application at this time on the grounds that no new UDRP providers should be accredited until ICANN implements a standard contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added)




As for the approval process for accrediting new UDRP providers, it's good as far as it goes (and to the extent it is rigorous) but it's a one-time event and so far as I am aware there is no regular oversight of UDRP providers once accreditation is granted.



But, again, I want to review all her suggested changes in the clear light of morning.







Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004

202-347-6875 (office)

202-347-6876 (fax)

202-255-6172 (cell)

"Luck is the residue of design." -- Branch Rickey

________________________________
From: Deutsch, Sarah B [sarah.b.deutsch at verizon.com]
Sent: Tuesday, October 19, 2010 6:17 PM
To: Phil Corwin; bc-gnso at icann.org
Subject: RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers


All,

I just spoke to Phil about this.  I don't disagree with the premise that UDRP providers should be subject to uniform standards especially with respect to experience, expertise, quality, etc, but I have serious concerns with our BC document calling for a "contract" with ICANN since I believe it's important that dispute resolution providers maintain their independence from ICANN and not be subject to regulation from ICANN.    My attached edits primarily address this point.

Note today that providers are approved by ICANN with the Approval Process information located at http://www.icann.org/en/dndr/udrp/provider-approval-process.htm

I believe it would be useful to do a deeper dive into what we'd like to see beefed up in the approval process perhaps using the form above as a start.

Sarah


Sarah B. Deutsch
Vice President & Associate General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670


________________________________
From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf Of Phil Corwin
Sent: Monday, October 18, 2010 6:16 PM
To: bc-gnso at icann.org
Subject: [bc-gnso] Revised Draft BC Position on Establishing Standard Contract for UDRP Providers
Importance: High


Last week our Chair, Marilyn Cade, circulated a marked up version of the draft position statement on this issue that was originally drafted by me and subsequently edited by Mike Rodenbaugh. This morning, Berry Cobb suggested that the position statement should be cross-reference one of the pending recommendations of the RAPWG.



I regards these suggestions as "friendly amendments" and have revised the draft statement to take account of them. Two versions of an updated draft are attached -- one is a redline markup of what Marilyn forwarded, and the other is a clean version of same.



Marilyn also inquired whether there would be a cut off date at which the draft would be locked down for final consideration by BC members. As the comment must be filed by Thursday, October 28, iI would suggest that we lock down the draft no later than this Thursday or Friday, if that is in compliance with BC administrative rules.



Thanks again to all who have voiced support for this position staement and have suggested improvements.







Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004

202-347-6875 (office)

202-347-6876 (fax)

202-255-6172 (cell)

"Luck is the residue of design." -- Branch Rickey
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