[IOT] IRP-IOT action items/next steps on Initiation

Fri Dec 2 22:01:22 UTC 2022

Hi all

On our last call, our discussion on initiation we pent much of our time focussed on the allocation of costs and fees, with reference to the language of Bylaws 4.3(r).  As a result of this, we had one action item for Sam, but also a task for all of us to try to give clarity for potential claimants on the costs they will be responsible for.

We also captured a useful suggestion to use flashes to indicate an updated section (as the UN do), with respect to the planned improvements to the IRP website area which have been anticipated for some time now.

Action items from our previous call
Sam to provide information on costs awards from pre-Transition (2016) IRPs, which may assist with this discussion

Action for us all
Irrespective of where we come out on the narrow issue of the IRP filing fee, Kavouss raised a point on our last call which I think resonated with most of the group.  Participants and potential participants of an IRP need to know what costs they will be responsible for.  This is directly relevant to initiation because potential Claimants to an IRP should be aware of what they are committing to when they make the decision to proceed.  If Bylaws 4.3(r) is ambiguous - which, based on our discussions, does seem to be the case - then we must give them this clarity.  Even if we cannot be exhaustive as to all possible costs, we should be able to identify sufficient examples to serve as a guide for participants on what types of costs will fall to them.

Below is a link to a Google Doc where I have started to capture types of costs that would likely be incurred in an IRP, and tried to identify who bears these costs, currently.  In order to make a start on this, I went back to the .WEB decision since this is a case decided under the new Bylaws and where there were some costs orders made, and I have included a footnote to explain where the costs addressed in that decision seem to give us some guidance.  As a result, for a few items I have indicated both that the Claimant initially paid and that this was later ordered to be reimbursed by ICANN. Indeed, the Claimant's filing fee, which we have been discussing at length, does appear to have been reimbursed in the .WEB case.

https://docs.google.com/document/d/1AUMSllaxG_9SicIEVoq4eHwzHn95D8rNPqjwIECNLvI/edit?usp=sharing

I am putting this forward to get the ball rolling.  I am sure that there will be other costs/fees that I have not thought about, and I hope that others in the group will add to this, particularly those who are practitioners. I would also welcome input from IOT members who disagree with my characterisation of any of these items.  I am not a practitioner so may inadvertently have mischaracterised something.

Susan Payne
Head of Legal Policy

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