[IOT] Draft agreement on Initiation

Kavouss Arasteh kavouss.arasteh at gmail.com
Wed Mar 1 20:12:43 UTC 2023


Dear Mike,
Dear All,
The warnning of Mike merits to be carefully looked at.
However, I may ask mike to specify the text to which " *I think we should
take a stronger position on the filing fee"*
We need to know the differences between IRP process and Copurt Process  as
he indicated  "i*n particular, new gTLD applicants) into the IRP process
rather than a court process, by forcing all applicants to promise not to
sue ICANN."*
Regards
Kavouss

On Wed, Mar 1, 2023 at 8:33 PM Mike Rodenbaugh via IOT <iot at icann.org>
wrote:

> 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
>>
>> <https://comlaude.com/>
>>
>> 28-30 Little Russell Street,
>> London WC1A 2HN, UK
>> *T* +44 (0) 20 7421 8250
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>>
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>>
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>> <https://www.facebook.com/ComLaude/>
>>
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