[IOT] on elements of an IRP claim

[McAuley, David]

Dear members of the IRP IOT,



I mentioned in my email of this past Tuesday that we might be able to agree a rule on elements today, if possible.



In that respect, please see my email<https://mm.icann.org/pipermail/iot/2018-April/000379.html> of April 10th and Kavouss's email<https://mm.icann.org/pipermail/iot/2018-April/000380.html> of the same date. These will give you the background and original recommendation.



On elements here is what I propose now, with my attempt to take into account a matter that Kavouss raised:



That we add a new section under the definition of DISPUTES in 'section 1. Definitions' in the draft Updated Supplementary Procedures<https://www.icann.org/en/system/files/files/draft-irp-supp-procedures-31oct16-en.pdf> as follows:



(D)  A written statement of a DISPUTE shall contain at least the following information:



1.      A demand that the DISPUTE be referred to Independent Review pursuant to Bylaw section 4.3 (or Annex D, Section 4.2 for Empowered Community claims);
2.      A reference to any ICANN contract, ICANN policy, ICANN action or inaction, or decision by a process-specific expert panel out of or in relation to which the DISPUTE arises;
3.      A description of the claim and the facts supporting it and how such contract, policy, action or inaction, or decision violate(s) ICANN's Articles of Incorporation or Bylaws; and
4.      A reference to any similar claims already submitted to IRP together the resulting decisions, if rendered, that the Claimant is aware of.

These elements don't address PTI service complaints or IANA Naming Functions contract complaints, but we can address that when the IOT later addresses any 'specialized' rules noted in Bylaw 4.3(n)(ii).



I regret that I have been unable yet to take a stab at 'Types of Hearings' in light of my original suggestion and Malcolm's comment - but I will send that to list in the coming week.



Best regards,

David



David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154



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