[IOT] REMINDER - IRP IOT at 5:00 UTC Wednesday 7 Aug

Malcolm Hutty malcolm at linx.net
Wed Sep 7 09:38:32 UTC 2016

On 07/09/2016 00:15, Malcolm Hutty wrote:
> 4. We haven't given any thought to how the 45 day bar limits the
> opportunity to conduct a sensible dialogue with ICANN prior to
> committing to litigation. Indeed, there is supposed to be a formal
> Cooperative Engagement Process. Is the Complainant supposed to file an
> IRP, then start the CEP? Or do the CEP, then file? If the latter, I'm
> not aware a CEP has ever been as short as 45 days. At the very least,
> our rules should clarify this.

Apologies for replying to self to amplify this point, but another
thought occurred: we have previously assumed that in many cases at least
before a Complainant resorts to an IRP they would first file a Request
for Reconsideration.

I think that where a satisfactory resolution can be achieved through the
R4R route, this should be encouraged: it will be faster and less costly,
and is less confrontational. It would be a shame if the time bar meant
that Complainants could not use it, for fear of losing the opportunity
to bring an IRP.

            Malcolm Hutty | tel: +44 20 7645 3523
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