[IOT] Proposed Revisions to Rule 4

[Liz Le]

Dear IOT members,

In follow up to ICANN org’s pending action item to draft proposed revisions to Rule 4: Time for Filing to provide a proposed “release valve” for late filings, we are presenting the attached draft for the IOT’s consideration.  As anticipated, this draft retains the 120 days deadline and notes that the current 12 month outer deadline for filing is under discussion.  In addition, the proposed revisions also provide the criteria under which a party may file a statement of a dispute after the deadline to file has expire, including allowances for when the claimant could not have been aware earlier, or in situations where extraordinary circumstances beyond the control of the claimant kept it from filing in a timely manner.  The proposed revision also includes an external limit of four years from the date of action for all filings.  ICANN org proposes this, as experience has documented that outcomes of IRPs could impact contracts, and there is a four year statute of limitations on breach of contract claims within California.  Limiting the ability to file an IRP within that window still provides more time for being able to hold ICANN accountable, even in extraordinary circumstances, while balancing against statutory limitations that could be impacted. We are also attaching a redline comparison of the proposed revisions to the current Rule 4.

We look forward to discussing this on today’s call.

Best regards,
Liz

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Elizabeth D. Le
Associate General Counsel | ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
elizabeth.le at icann.org<mailto:elizabeth.le at icann.org>

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