Stopping the clock while an RFR proceeds is a different issue, and one which we can consider discretely. How is that currently handled? I wouldn't be surprised to find out the clock already stops when an RFR is filed.<span></span><br><br>On Wednesday, September 7, 2016, Malcolm Hutty <<a href="mailto:malcolm@linx.net">malcolm@linx.net</a>> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">On 07/09/2016 00:15, Malcolm Hutty wrote:<br>
> 4. We haven't given any thought to how the 45 day bar limits the<br>
> opportunity to conduct a sensible dialogue with ICANN prior to<br>
> committing to litigation. Indeed, there is supposed to be a formal<br>
> Cooperative Engagement Process. Is the Complainant supposed to file an<br>
> IRP, then start the CEP? Or do the CEP, then file? If the latter, I'm<br>
> not aware a CEP has ever been as short as 45 days. At the very least,<br>
> our rules should clarify this.<br>
<br>
Apologies for replying to self to amplify this point, but another<br>
thought occurred: we have previously assumed that in many cases at least<br>
before a Complainant resorts to an IRP they would first file a Request<br>
for Reconsideration.<br>
<br>
I think that where a satisfactory resolution can be achieved through the<br>
R4R route, this should be encouraged: it will be faster and less costly,<br>
and is less confrontational. It would be a shame if the time bar meant<br>
that Complainants could not use it, for fear of losing the opportunity<br>
to bring an IRP.<br>
<br>
Malcolm.<br>
--<br>
Malcolm Hutty | tel: +44 20 7645 3523<br>
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