[Ws2-jurisdiction] Pool.com case summary

Mon Apr 3 14:27:49 UTC 2017

Why would you say that Seun – it is what the lawyers for ICANN argued, but there is no evidence that the Canadian court agree to that submission.  I would expect ICANN’s lawyers to make that argument and I would also expect based on what little I know of Canadian law that in the end the court would have rejected the argument.  

Paul

Paul Rosenzweig

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From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Seun Ojedeji
Sent: Monday, April 3, 2017 9:41 AM
To: Mathieu Weill <mathieu.weill at afnic.fr>
Cc: ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] Pool.com case summary

Thanks a lot for sharing this Mathieu, I guess this removes any claims that the experience would be the same if ICANN were sued outside of her jurisdiction of incorporation. The following text makes that quite clear:

"Defendant ICANN asserted that the Court lacked jurisdiction because (quoting the argument):
ICANN is not resident in Ontario
The Action has no real or substantial connection to Ontario
Virtually all the evidence and witnesses are in California"

I am not a lawyer but perhaps it may be good to know how flexible it is for non-US customer of ICANN to legally engage/challenge ICANN in her place of incorporation. The impact of this on US-banned countries may also be a good to know.

Regards

On Mon, Apr 3, 2017 at 2:29 PM, Mathieu Weill <mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr> > wrote:

Dear Colleagues, 

Here is another summary form for the Pool.com vs ICANN case. It’s an interesting case  because it was the only one documented as submitted in front of a non-US court. However it was settled before it reached the decision stage. 

Best,

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Seun Ojedeji,
Federal University Oye-Ekiti
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Bringing another down does not take you up - think about your action!

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