[IOT] IOT - Agenda for IRP-IOT Meeting #88 15 March 2022 @ 18:00 UTC

Tue Mar 15 17:31:02 UTC 2022

All
Apology but I will not be able to join you because of an emergency situation
Best
Flip

Flip Petillion
fpetillion at petillion.law<mailto:fpetillion at petillion.law>
+32484652653
www.petillion.law<http://www.petillion.law>

[id:image001.png at 01D3691D.DA7539C0]<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

From: IOT <iot-bounces at icann.org> on behalf of Susan Payne via IOT <iot at icann.org>
Reply to: Susan Payne <susan.payne at comlaude.com>
Date: Tuesday, 15 March 2022 at 18:03
To: "iot at icann.org" <iot at icann.org>
Subject: Re: [IOT] IOT - Agenda for IRP-IOT Meeting #88 15 March 2022 @ 18:00 UTC

All
Please also see the attached previously-circulated emails from myself and Malcolm, proposing revisions to the Rule 4 language to address areas of concern explored during our review of the text.

Thanks
Susan

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

[cid:image001.png at 01D8388E.8ACE3170]<https://comlaude.com/>
From: IOT <iot-bounces at icann.org> On Behalf Of Bernard Turcotte via IOT
Sent: 14 March 2022 19:39
To: iot at icann.org
Subject: [IOT] IOT - Agenda for IRP-IOT Meeting #88 15 March 2022 @ 18:00 UTC

All,

Please find below the agenda for our next plenary session.

IRP-IOT Meeting #88
15 March 2022 @ 18:00 UTC
Agenda

Pending Action Items:
BT – recirculate analysis of Tolling vs Fixed Additional Time (completed February 23rd).

Agenda:

1.     Review agenda and updates to SOIs.
2.    Review status of Action Items.

3.    Update from the Sub-Groups:

3.1. Initiation

3.2. Consolidation

4.    Confirmation of consensus on 30 day Fixed Additional time option for filing (please listen to the recording of our last meeting for details at https://community.icann.org/pages/viewpage.action?pageId=186780156 )

5.    Continue the discussion on the Repose and Safety Valve language (email inserted below and document attached).

6.    Confirmation of next meeting: 29 March 2022, 18:00 UTC.

==================

From: IOT <iot-bounces at icann.org<mailto:iot-bounces at icann.org>> on behalf of Susan Payne via IOT <iot at icann.org<mailto:iot at icann.org>>
Reply to: Susan Payne <susan.payne at comlaude.com<mailto:susan.payne at comlaude.com>>
Date: Friday, 14 January 2022 at 17:31
To: "iot at icann.org<mailto:iot at icann.org>" <iot at icann.org<mailto:iot at icann.org>>
Subject: Re: [IOT] IOT - Update from plenary meeting of January 11 19:00 UTC

Hi all
Thanks to all those who were able to join our call on Tuesday for the really productive discussion on the rule 4 repose and safety valve language.  We will need to continue that discussion on our next call to get through the remainder of the clauses, but I thought it would be helpful to capture at a high level the areas of agreement and areas where we identified that further consideration/work is needed.  Please do review, and if I have missed or mis-characterised anything please do correct me, I’m doing this based on the notes I made but don’t yet have the transcript/recording:

Using the section numbering from the ICANN draft of 13 December:

A.     Ongoing concerns about the deletion of the text referring to “the material effect of the action or inaction”.  Proposal to refer instead to “the material harm arising from the action or inaction” supported.

  1.  Seeking of leave to file a late IRP:
·         Intention is that panel time considering the substance of the dispute is limited until after there has been an initial decision on the timing;
·         The leave process is intended to allow those who appreciate they are out of time to still proceed; in a case where a Claimant believes they are in time, but this is successfully disputed, the intent is not that they would thereby have lost their opportunity to ask the panel for leave;
·         The leave application effectively stops the clock.  To the extent that there is any time limit then it is for seeking leave, as opposed to having filed the subsequent Statement of Claim;
·         Language to be reviewed and revised as necessary to ensure it reflects the intent.

Who should consider the application for leave:
·         As currently drafted, the decision is deferred to the IRP panel, however no panel will be in place at this point in proceedings.  Should a single panelist handle this since, if refused, there is no need to put a full panel in place? Should the parties proceed with selecting their panel before the application has been heard, in which case the application for leave would then be the first decision of that panel? Other suggestions?
·         Input required on the appropriate approach – input from practitioners particularly encouraged.

Ci   Although helpful to reiterate the need for Standing, which is the case for all Claimants, this should not be something that the Claimant has to establish by clear and convincing evidence at this point in the proceedings in order to be granted leave to file late.  That standard is a very high one, with the presumption against the Claimant.  Additionally, in some cases Standing could even go to the substance of the dispute.  Delete (i) and instead ensure the application for leave should include an explanation of their Standing.
Cii Intent was that this subsection is the one which covers a Claimant who is unable to bring their IRP in time because they were not yet eligible (i.e. did not yet meet the requirements to be a Claimant as set out in the Bylaws).  Language to be reviewed and revised as necessary to ensure it reflects the intent.
Ciii Intent of this subsection is to address the concern Kavouss raised about a Claimant unable to file their IRP due to circumstances out of their control – war, civil unrest, earthquake, typhoon etc.

We will pick this up next time – although as ever you are encouraged to continue the discussion on the email.

We will also, time-permitting, which I hope it will be, come back to the discussion of tolling vs fixed additional time, so please do review this in advance and, again, share any thoughts by email where possible.

Susan

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

[cid:image003.png at 01D8388E.400C9EB0]<https://comlaude.com/>

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