[IOT] Draft agreement on Initiation

Mike Rodenbaugh mike at rodenbaugh.com
Wed Mar 1 19:32:41 UTC 2023


Thanks Susan.  I think we should take a stronger position on the filing
fee.  ICANN forces parties (in particular, new gTLD applicants) into the
IRP process rather than a court process, by forcing all applicants to
promise not to sue ICANN.  The filing fee for this alternative process
should not be 10x what it costs to file a court action.



The IRP filing fee should be comparable to a court filing fee, not to
"comparable processes".  There are no truly comparable processes, where the
arbitrators are only allowed to "recommend" ICANN to do something, rather
than make any enforceable orders.  Claimants should not have to pay so
much, for so little, especially given the cost of the alternative that they
are forced to waive.



Do we have a face-to-face meeting for this group set in Cancun?



Best,

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 Fri, Feb 24, 2023 at 10:15 AM Susan Payne via IOT <iot at icann.org> wrote:

> Hi all
>
>
>
> Following our last call, I have cleaned up the language of our draft
> agreement on Initiation (formerly our strawperson).  Regarding the amount
> of the filing fee and the comparison to other similar proceedings, given
> the difficulty we had in how best to express this and what would be
> suitable comparators, I have simplified the text a little, removed the
> examples of possible other arbitration fora, and instead focussed on the
> expectation that ICANN will carry out this exercise and set the fee at a
> fair level.
>
>
>
> We will, I hope, have our final read through and agree this text on our
> next call.  If you are not able to make the call please do raise any
> objections over email before then if possible.  If there are any proposals
> for substantive changes to the text, please share them over email by close
> of business on Tuesday so that we can all consider prior to our Thursday
> call.
>
>
>
> Speak to you next week.
>
>
>
> Susan Payne
> Head of Legal Policy
>
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