[IOT] Possible work remaining for IOT

Tue Jul 20 18:32:59 UTC 2021

Apologies, I got the amount of the current fee wrong, it is $5750 for the
'initial filing fee' for a 3-person panel... plus $7125 'final fee' for a
decision.  That is almost $13,000

The fee schedule can be accessed here
<https://www.adr.org/sites/default/files/International_Arbitration_Fee_Schedule.pdf>
.

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087

On Tue, Jul 20, 2021 at 11:02 AM Mike Rodenbaugh <mike at rodenbaugh.com>
wrote:

> As for other issues, I had posted an email re IRP Fees last Sept.  Now the
> fee is $6,750 merely to initiate an IRP at the ICDR.  I think that is an
> administrative fee that the Bylaws require ICANN to pay.  But ICANN denies
> that, and forces claimants to pay it.  I think it should cost far less to
> file a challenge to an ICANN decision.  Note that it costs just $400 to
> file a lawsuit in U.S. federal court.
>
> Also, we should discuss when an RFR is 'summarily dismissed' by the BAMC,
> which has only happened very rarely in the past.  But it appears very
> unclear how or when such a dismissal can or must be challenged.  And so
> that is another scenario that needs review by this group, imho.
>
> Thanks,
> Mike
>
> [image: Logo]
>
> Mike Rodenbaugh
>
> address:
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> email:
>
> mike at rodenbaugh.com
>
> phone:
>
> +1 (415) 738-8087
>
>
> On Tue, Jul 20, 2021 at 9:51 AM Susan Payne via IOT <iot at icann.org> wrote:
>
>> Hi David
>>
>> Thank you for your thoughtful email.  I will respond in writing as a
>> follow up, but hope we will be able to also consider these suggestions on
>> the upcoming call.
>>
>>
>>
>> For convenience, hopefully, I have made a very light-touch update to the
>> short slide deck we have been using to frame the discussion on tolling – to
>> correct a few areas of ambiguity that came up on the last call, as
>> promised.  These are noted in red.
>>
>> The updated version is attached and we can review this on the call.
>>
>>
>>
>> Speak to those who are able to make it shortly.
>>
>>
>>
>> Susan
>>
>>
>>
>> Susan Payne
>> Head of Legal Policy
>> Com Laude
>> *T* +44 (0) 20 7421 8250
>> *Ext* 255
>> <https://comlaude.com/>
>>
>> *From:* IOT <iot-bounces at icann.org> *On Behalf Of *McAuley, David via IOT
>> *Sent:* 20 July 2021 12:20
>> *To:* iot at icann.org
>> *Subject:* [IOT] Possible work remaining for IOT
>>
>>
>>
>> Dear IOT colleagues,
>>
>>
>>
>> Susan asked us to note any work items that we think remain to be done. In
>> my personal opinion, these are possible tasks remaining beyond those
>> mentioned by Susan on the last call:
>>
>>
>>
>>    - To develop a recall process relating to members of the standing
>>    panel – see Bylaw 4.3(j)(iii);
>>
>>
>>
>>    - To consider the development of additional independence requirements
>>    for members of the standing panel, including term limits and
>>    restrictions on post-term appointment to other ICANN positions – see
>>    Bylaw 4.3(q)(i)(B) on conflicts of interests of members of the standing
>>    panel;
>>
>>
>>
>>    - Do we want to establish ‘limitations’ on appeals? – see Bylaw
>>    4.3(w) which states:
>>
>>
>>
>>    - *Subject to any limitations established through the Rules of
>>       Procedure, an IRP Panel decision may be appealed to the full Standing Panel
>>       sitting en banc within sixty (60) days of issuance of such decision.*
>>
>>
>>
>> o   One possible limitation which I think we may want to consider is
>> whether non-binding IRPs (see Bylaw 4.3(x)(iv)) should be appealable.
>>
>>
>>
>> o   Additionally, in this respect, is it within our remit to consider
>> whether non-binding IRPs should constitute precedent?
>>
>>
>>
>>    - Is there ambiguity regarding a standing panel’s ability to
>>    ‘adjudicate’ a stay of ICANN action or just to ‘recommend’ a stay? See
>>    Bylaws 4.3(o) and 4.3(p). If there is ambiguity, is there anything within
>>    our remit to help clarify?
>>
>>
>>
>>    - Finally, with respect to the Rule 4 (Time for Filing) issue that we
>>    are currently discussing,  should we clarify that the rule we eventually
>>    develop is either an affirmative defense that ICANN can raise, or not, as
>>    it sees fit or, alternatively, a firm matter of standing that the panel
>>    should invoke on its own without exemption, subject only to the savings
>>    language that Sam and Liz are working on?
>>
>> Best regards,
>>
>> David
>>
>>
>>
>> David McAuley
>>
>> Sr International Policy & Business Development Manager
>>
>> Verisign Inc.
>>
>> 703-948-4154
>>
>>
>> ------------------------------
>> The contents of this email and any attachments are confidential to the
>> intended recipient. They may not be disclosed, used by or copied in any way
>> by anyone other than the intended recipient. If you have received this
>> message in error, please return it to the sender (deleting the body of the
>> email and attachments in your reply) and immediately and permanently delete
>> it. Please note that Com Laude Group Limited (the “Com Laude Group”) does
>> not accept any responsibility for viruses and it is your responsibility to
>> scan or otherwise check this email and any attachments. The Com Laude Group
>> does not accept liability for statements which are clearly the sender's own
>> and not made on behalf of the group or one of its member entities. The Com
>> Laude Group is a limited company registered in England and Wales with
>> company number 10689074 and registered office at 28-30 Little Russell
>> Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ
>> Limited t/a Com Laude, a company registered in England and Wales with
>> company number 5047655 and registered office at 28-30 Little Russell
>> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
>> England and Wales with company number 6181291 and registered office at
>> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
>> company registered in Scotland with company number SC197176 and registered
>> office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland;
>> Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation
>> incorporated in the State of Washington and principal office address at
>> Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com
>> Laude (Japan) Corporation, a company registered in Japan with company
>> number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku,
>> Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered
>> in Spain and registered office address at Calle Barcas 2, 2, Valencia,
>> 46002, Spain. For further information see www.comlaude.com
>> <https://comlaude.com>
>> _______________________________________________
>> IOT mailing list
>> IOT at icann.org
>> https://mm.icann.org/mailman/listinfo/iot
>>
>> _______________________________________________
>> By submitting your personal data, you consent to the processing of your
>> personal data for purposes of subscribing to this mailing list accordance
>> with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and
>> the website Terms of Service (https://www.icann.org/privacy/tos). You
>> can visit the Mailman link above to change your membership status or
>> configuration, including unsubscribing, setting digest-style delivery or
>> disabling delivery altogether (e.g., for a vacation), and so on.
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mm.icann.org/pipermail/iot/attachments/20210720/31f94846/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 6936 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/iot/attachments/20210720/31f94846/image001-0001.png>