[IOT] Research on Consolidation (Rule 7)
Samantha.Eisner at icann.org
Tue Sep 22 17:04:30 UTC 2020
Thanks Flip. You are correct - I responded too quickly. Liz will be back to the group with more info.
Deputy General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094
Direct Dial: +1 310 578 8631
From: Flip Petillion <fpetillion at petillion.law>
Sent: Tuesday, September 22, 2020 9:34 AM
To: Samantha Eisner
Cc: Scott Austin; Elizabeth Le; iot at icann.org
Subject: [Ext] Re: [IOT] Research on Consolidation (Rule 7)
I recall that the .hotel and .eco cases have been consolidated by an iron panel confirming an agreement between Claimants, who I represented, and ICANN.
My recollection is different than yours.
Could you check if there were any other cases than the .hotel and .eco cases?
Sent from my iPhone
On 22 Sep 2020, at 17:51, Samantha Eisner <Samantha.Eisner at icann.org> wrote:
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)
In IRP cases to date has there ever been a request for consolidation? If yes, what result.
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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?
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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