[Ws2-jurisdiction] Pool.com case summary

Mathieu Weill mathieu.weill at afnic.fr
Mon Apr 3 14:29:18 UTC 2017


Seun,



I think some of these questions have been asked to ICANN Legal.



It is possible that these arguments may have been quite valid in the 
circumstances of this specific case, but it would not necessarily indicate 
that they would apply to any other case. We should not rush to conclusions 
as to their applicability overall.



Best

Mathieu



De : Seun Ojedeji [mailto:seun.ojedeji at gmail.com]
Envoyé : lundi 3 avril 2017 15:41
À : Mathieu Weill <mathieu.weill at afnic.fr>
Cc : ws2-jurisdiction <ws2-jurisdiction at icann.org>
Objet : 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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mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>
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Seun Ojedeji,
Federal University Oye-Ekiti
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