[Gnso-igo-ingo-crp] FW: Agenda and documents for next WG call on Wednesday 10 June

Fri Jun 12 14:17:29 UTC 2015

George i agree (you are correct) with your comment about arbitration.   

I ask that the la guste be changed to 

"an alternative to litigation."

Sincerely,
Paul Keating, Esq.

> On Jun 12, 2015, at 2:03 PM, George Kirikos <icann at leap.com> wrote:
> 
> Hi folks,
> 
> With regards to Jim's suggested edits, they seem reasonable for the most part. My main concern is the language on page 1, paragraph 2: 
> 
> "which provide an arbitration alternative for parties" 
> 
> UDRP and URS are *not* arbitrations per se (true arbitration is granted judicial deference).  For example, see:
> 
> http://www.balough.com/udrp-not-federal-arbitration/
> 
> "The court found that the Uniform Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) does not qualify as an arbitration under the Federal Arbitration Act. (FAA) Under the FAA, decisions by an arbitrator can only be reversed by a federal court if there was misconduct by the arbitrator or a manifest disregard for the law."
> 
> See also see the bottom of page 11, and page 12 of:
> 
> http://www.ca4.uscourts.gov/opinions/published/021396.p.pdf
> 
> or do a Google search for:
> 
> "UDRP" "Federal Arbitration Act"
> 
> (with the quotes set out above exactly) to find other examples. I would suggest removing the words "which provide an arbitration alternative for parties". There's other more precise language (e.g. at top of page 2, "mandatory administrative proceedings") describing them already.
> 
> Sincerely,
> 
> George Kirikos
> 416-588-0269
> http://www.leap.com/
> 
> 
> 
>> On Thu, Jun 11, 2015 at 5:48 PM, Bikoff, James <jbikoff at sgrlaw.com> wrote:
>>  
>> 
>> Hello all,
>> 
>> Attached are our suggestions. As it appears that most, if not all, of us agree with comments made by Paul, we’ve based our comments on his version. 
>> 
>> Regards,
>> 
>> Jim
>> 
>>  
>> 
>>  
>> 
>> From: gnso-igo-ingo-crp-bounces at icann.org [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Poncelet Ileleji
>> Sent: Thursday, June 11, 2015 10:28 AM
>> To: Jay Chapman
>> Cc: gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] Agenda and documents for next WG call on Wednesday 10 June
>> 
>>  
>> 
>> Same here I concur with George
>> 
>> Kind Regards
>> 
>> Poncelet.
>> 
>>  
>> 
>>  
>> 
>> On 11 June 2015 at 14:25, Jay Chapman <jay at digimedia.com> wrote:
>> 
>> I agree with George as well.
>> 
>> Jay
>> 
>> On Jun 10, 2015 8:35 AM, "Paul Keating" <Paul at law.es> wrote:
>> 
>> I agree with George on these which is why my suggested revisions removed
>> these proposed questions.
>> 
>> PRK
>> 
>> On 6/10/15 2:09 PM, "George Kirikos" <icann at leap.com> wrote:
>> 
>> >For point/question #3, in particular:
>> >
>> >"What if the Mutual Jurisdiction requirement specified that, to apply
>> >to IGOs, it has to be a jurisdiction of one of its member states?"
>> >
>> >I don't see how this could ever be acceptable to registrants. For
>> >example, for a North American registrant using a North American
>> >registrar, an IGO consisting of member states from Iran, Iraq, Syria
>> >and Turkey might place the "mutual jurisdiction" in one of those 4
>> >countries that have absolutely nothing to do with the registrant,
>> >rather than in North America.
>> >
>> >The same would apply to the rest of point #3, i.e. allowing the IGO to
>> >"forum shop" by selecting a jurisdiction of a member state. For a
>> >court to even have jurisdiction over a registrant, there must be some
>> >connection to the underlying dispute and parties. That has normally
>> >been (a) location of registrant, (b) location of registrar, or (c)
>> >location of registry operator.
>> >
>> >I know these are just 'exploratory' questions, but I don't see why any
>> >legitimacy should be attached to ad hoc proposals like the above by
>> >submitting them to 'experts' in the first place. This should be about
>> >fact-finding, not an informal 'negotiation' with IGOs.
>> >Conclusions/solutions should flow from the facts. Putting out possible
>> >'solutions' first, and then trying to come up with some 'rationale' to
>> >justify them later is the wrong way to do things, in my opinion.
>> >
>> >Sincerely,
>> >
>> >George Kirikos
>> >416-588-0269
>> >http://www.leap.com/
>> 
>> 
>> >
>> >
>> >On Tue, Jun 9, 2015 at 11:34 AM, Mary Wong <mary.wong at icann.org> wrote:
>> >> Dear WG members,
>> >>
>> >> The proposed agenda for our next meeting, scheduled for Wednesday 10
>> >>June,
>> >> is as follows:
>> >>
>> >> Roll call/updates to SOI
>> >> Discuss and finalize questions for independent legal expert (see
>> >>attached
>> >> for draft document from the WG co-chairs)
>> >> Planning for WG meeting in Buenos Aires/next steps
>> >>
>> >>
>> >> It may be that we will not need the full hour; however, Petter and Phil
>> >> would like the group to have this call prior to the open meeting we are
>> >> scheduled to have in Buenos Aires, on Wednesday 24 June at 10.00 a.m.
>> >>ART
>> >> (local time). For those WG members who will not be present in Buenos
>> >>Aires,
>> >> the usual remote participation facilities will be available, and we¹ll
>> >>send
>> >> call-in and other details prior to the date.
>> >>
>> >> Thanks and cheers
>> >> Mary
>> >>
>> >> Mary Wong
>> >> Senior Policy Director
>> >> Internet Corporation for Assigned Names & Numbers (ICANN)
>> >> Telephone: +1 603 574 4889
>> >> Email: mary.wong at icann.org
>> >>
>> >>
>> >>
>> 
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>> 
>> 
>> --
>> 
>> Poncelet O. Ileleji MBCS
>> Coordinator
>> The Gambia YMCAs Computer Training Centre & Digital Studio
>> MDI Road Kanifing South
>> P. O. Box 421 Banjul
>> The Gambia, West Africa
>> Tel: (220) 4370240
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>> www.diplointernetgovernance.org
>> 
>> 
>> 
>>  
>> 
>> James L. Bikoff | Attorney at Law
>> 
>> 
>> 202-263-4341 phone
>> 202-263-4329 fax
>> www.sgrlaw.com
>> jbikoff at sgrlaw.com
>> 
>> 
>> 1055 Thomas Jefferson Street, N.W.
>> Suite 400
>> Washington, D.C. 20007
>> 
>> 
>>  Smith, Gambrell & Russell, LLP 
>> 
>> 
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