[IOT] Research on Consolidation (Rule 7)

Samantha Eisner Samantha.Eisner at icann.org
Tue Sep 22 15:51:16 UTC 2020


We have never had a request to consolidate IRPs.

From: IOT <iot-bounces at icann.org> on behalf of Scott Austin <saustin at vlplawgroup.com>
Date: Tuesday, September 22, 2020 at 8:50 AM
To: Liz Le <elizabeth.le at icann.org>, "iot at icann.org" <iot at icann.org>
Subject: Re: [IOT] Research on Consolidation (Rule 7)

Elizabeth:
In IRP cases to date has there ever been a request for consolidation? If yes, what result.


Best regards,
Scott

Please click on a link below to calendar a 15, 30, or 60 minute call with me:
  a 15-minute call<calendly.com/saustin2/15min>    a 30-minute call<calendly.com/saustin2/30min>    a 60-minute call<calendly.com/saustin2/60min>

[cid:image001.png at 01D690BD.92456B50][IntellectualPropertyLaw 100]    [microbadge[1]] [avvo.com]<https://urldefense.com/v3/__http:/www.avvo.com/attorneys/33308-fl-scott-austin-1261914.html__;!!PtGJab4!sDX5nALxyEiEDAB1oUQk7LWwD4JE1uIDSLALVJTenLEtOVzCH7f4gkeIiq3cdLF5aeDDeNqrEg$>
Scott R. Austin | Board Certified Intellectual Property Attorney | VLP Law Group LLP
101 NE Third Avenue, Suite 1500, Fort Lauderdale, FL 33301
Phone: (954) 204-3744 | Fax: (954) 320-0233 | SAustin at VLPLawGroup.com<mailto:SAustin at VLPLawGroup.com>

From: IOT <iot-bounces at icann.org> On Behalf Of Elizabeth Le
Sent: Monday, September 21, 2020 8:33 PM
To: iot at icann.org
Subject: [IOT] Research on Consolidation (Rule 7)


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,

Liz

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







This message contains information which may be confidential and legally privileged. Unless you are the addressee, you may not use, copy or disclose to anyone this message or any information contained in the message. If you have received this message in error, please send me an email and delete this message. Any tax advice provided by VLP is for your use only and cannot be used to avoid tax penalties or for promotional or marketing purposes.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/iot/attachments/20200922/fd55de97/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 11049 bytes
Desc: image001.png
URL: <http://mm.icann.org/pipermail/iot/attachments/20200922/fd55de97/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 1122 bytes
Desc: image002.jpg
URL: <http://mm.icann.org/pipermail/iot/attachments/20200922/fd55de97/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 1902 bytes
Desc: image003.jpg
URL: <http://mm.icann.org/pipermail/iot/attachments/20200922/fd55de97/image003-0001.jpg>


More information about the IOT mailing list