[IOT] IOT - Agenda for June 9 Meeting

Samantha Eisner Samantha.Eisner at icann.org
Tue Jun 9 18:50:42 UTC 2020


Thanks Susan for the annotation.  One thing that is challenging as it relates to the IRP, and is reflected in some of your questions regarding how we refer to participants in IRPs, is that IRPs are for very limited purposes.  We identified, for example, that a Supporting Organization from which a policy arose would participate “as a Claimant” because of the need to assure that the SO would have the same rights and access to briefings as the other parties to the IRP.  It cannot be a respondent, because it is only ICANN that sits in the role of defending how its actions on that policy recommendation were in line with the Bylaws and Articles.  I don’t recall that we explored other terminology as to what we could call the SO, but we did want to confer the proper scope of briefing and participation.  This would be in contrast to an amicus, who has limited rights to participate in briefing as well as limited rights to access to non-public documentation.

As we move into discussion of rights of third parties to participate in IRPs, the limited scope of IRPs (challenging ICANN conduct under the Bylaws/Articles) inherently limits the scope of third party participation in IRPs, much different from regular arbitrations.  The Bylaws do not provide for, and the Panel is not authorized, to provide for relief or adjudicate disputes between third parties, even if they are willing to submit those disputes to arbitration, so typical joinder and broader intervention rights do not apply here.

Looking forward to discussions with the IOT on this.

Sam

From: IOT <iot-bounces at icann.org> on behalf of Susan Payne <susan.payne at valideus.com>
Date: Tuesday, June 9, 2020 at 10:31 AM
To: "iot at icann.org" <iot at icann.org>
Subject: Re: [IOT] IOT - Agenda for June 9 Meeting

Thanks Bernard.

All, please see attached a discussion document for the purposes of our call, which includes an annotated version of Rule 7 together with a high level summary of the public comments previously received on this topic.

Look forward to speaking shortly.

Susan Payne
Head of Legal Policy
Valideus
D: +44 (0) 20 7421 8262
E: susan.payne at valideus.com<mailto:susan.payne at valideus.com>

From: IOT <iot-bounces at icann.org> On Behalf Of Bernard Turcotte
Sent: 09 June 2020 17:56
To: iot at icann.org
Subject: [IOT] IOT - Agenda for June 9 Meeting

All,

Here is the proposed agenda:
·  Review of agenda
·  Statements of Interest (now to be filled out by members).
·  Introduction to the topics of  Joinder, Consolidation, Intervention and Amicus.
·  Discussions on  Joinder, Consolidation, Intervention and Amicus.
·  Next meeting - should be  23 June 2020 17:00UTC but this conflicts with the ICANN meeting - would propose July 7 17:00UTC
·  AOB
·  End of meeting
The document on  Joinder, Consolidation, Intervention and Amicus was circulated last week.


Thank You.

Bernard Turcotte
ICANN Support to the IOT.
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