[IOT] Research on Consolidation (Rule 7)

Elizabeth Le elizabeth.le at icann.org
Tue Sep 22 00:33:06 UTC 2020

Dear IOT members,

On the last IOT call, ICANN org was asked to assess the consolidation rules used in International Center for Dispute Resolution arbitrations, the arbitration rules of the International Bar Association, and the rules for Class Actions and Multi District Litigation brought in United States Federal Courts on consolidation of separate IRPs into a single proceeding against the current text of Rule 7.  As part of our research, we also consulted the rules pertaining to consolidation of cases brought in Federal Courts, the rules of the International Chamber of Commerce, the American Arbitration Association rules for commercial arbitration, and the arbitration rules of JAMS, another large and well-respected alternative dispute resolution organization.  Attached is some information for the IOT’s discussion on this matter.  As the IOT considers this matter, the IOT may wish to consider the purposes served by the IRP and why/how consolidation serves this purpose.  What is the purpose that is being achieved by consolidation, given the difference between “regular” arbitrations, court proceedings, and the IRP?  IRPs, while they have a myriad of facts, are all limited to ONE question – did ICANN violate its Bylaws and Articles of Incorporation.  The answer to that question has preclusive, binding effect on others.  With that in mind, what is the most just use of consolidation in the IRP setting, understanding all of the other limitations put on the IRP?

Best regards,


Elizabeth D. Le
Associate General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Direct Dial:  +1 310 578 8902

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