[Ws2-jurisdiction] [EXTERNAL] issues on applicable law

[Jorge.Cancio at bakom.admin.ch]

Dear all,

With pleasure I can agree with Paul to a large extent on his compromise proposal.

This approach paired with effective choice for the parties to the agreements would leave enough room for them to finetune them to their needs.

best regards

Jorge


________________________________

Von: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>
Datum: 13. September 2017 um 17:26:06 MESZ
An: ws2-jurisdiction at icann.org <ws2-jurisdiction at icann.org>, 'Mueller, Milton L' <milton at gatech.edu>
Betreff: Re: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law

We can't avoid inconsistency altogether if there is more than one
jurisdiction involved.  Almost by definition, with more than one
jurisdiction available the risk of inconsistency and uncertainty is
heightened.

At the other end of the spectrum is a world with 190+ jurisdictions.  In
that context the risk of inconsistency is at its maximum.

I personally have no concerns about the use of California law exclusively.
Others in the community, however, do have those concerns.  A menu option
with a few regional choices seems to answer those concerns without a huge
increase in the risk of inconsistency -- especially if it is accompanied by
an urge toward uniformity in areas where uniformity is most essential (like
operational issues).

It is an imperfect solution -- offered in the spirit of compromise, not as a
canonically correct exposition of principle.

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
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-----Original Message-----
From: Mueller, Milton L [mailto:milton at gatech.edu]
Sent: Wednesday, September 13, 2017 10:22 AM
To: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>;
ws2-jurisdiction at icann.org
Subject: RE: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law

Very interesting post Paul. But, are you agreeing or disagreeing with the
"menu" being based on regions? If you are agreeing, then how do we avoid
this problem:

> And we cannot, from an accountability perspective, want a world in
> which there are inconsistent results and how a contract provision is
> enforced depends on whether the suit is brought in Europe or in Asia.
> That type of uncertainty is also the enemy of accountability.  Thus, I
> disagree with the submission that the presumption should be that the
> law of the registry apply to the agreement. That way lies chaos.
>

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