[Gnso-igo-ingo-crp] Any update on Swaine report?

Sun Feb 21 00:21:36 UTC 2016

Paul;

We are all disappointed that we won’t have a final memo as a discussion focus in Marrakech. But this is where we are at for a variety of reasons. Nonetheless, the promised synopsis should provide more than enough fuel for our meeting purposes.

I do believe, having reviewed the draft as it stands now, that once we receive it the document will be quite valuable in completing our work. Also, your concern that the project is expanding beyond his expectations is not warranted – I would gauge that the project is about 80 percent done, with some clarifications and expansions needed on the existing content ,plus the insertion of the conclusions. I’m optimistic we will have a final document before the end of March – it’s just that his schedule precludes completion prior to Marrakech.

Let me know if you have further questions.

Very best,
Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: Paul at law.es ZIMBRA [mailto:paul at law.es]
Sent: Saturday, February 20, 2016 2:51 PM
To: Phil Corwin
Cc: George Kirikos; gnso-igo-ingo-crp at icann.org
Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?

Phil,

The original request for him included delivery date,expectations no ?

I am having difficulties with the extent of time that has passed and am growing worried that he feels the scope of his project (or its seriousness) is expanding beyond his initial expectations.

Paul Keating

On 20 Feb 2016, at 6:20 PM, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
Dear IGO CRP WG Members:

Here is a further update on the situation as regards Prof. Swaine’s legal research.

Petter and I, along with Mary and Steve, engaged in a one hour call yesterday with Prof. Swaine in which we discussed our questions and comments regarding the current uncompleted draft report, as well as the needs of the WG in preparation for Marrakech.

Prof. Swaine is not comfortable with having an incomplete document bearing his name in wider circulation, and we fully appreciate  that viewpoint. In addition, due to his academic responsibilities for the remainder of this month, he does not believe he will be able to complete a final draft prior to a potential 3/2 WG call or our F2F meeting in Marrakech (which is currently scheduled to take place from 9-10:15 am on Wednesday, March 9).

However, he did commit to provide our WG with a synopsis of his research to date in the next week to ten days, which will provide us a focus for an anticipated WG planning call on 3/2. The same document can be used to catalyze discussion in Marrakech – and we plan to make sure that GAC and IGO attendees are made aware that they are welcome to participate in our 3/9 session. We will then provide Prof. Swaine with feedback from those two sessions to help guide him in his completion of the report, which we now anticipate receiving in final form later in March.

While we had all hoped to have a final report available prior to our Marrakech meeting, the agreed upon approach seems like the second best option and will at least provide us with a basis for discussion over the next few weeks.

Please let us know if you have questions or comments.

Best to all,
Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: Phil Corwin
Sent: Wednesday, February 17, 2016 10:13 AM
To: 'George Kirikos'
Cc: gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>
Subject: RE: [Gnso-igo-ingo-crp] Any update on Swaine report?

George:

Thanks for your inquiry.

Here's the state of play--

·         Last week we received a draft from Prof. Swaine. The draft was incomplete in that it did not yet contain conclusions. It is quite comprehensive on the interface of sovereign immunity and IGOs and demonstrates that this area is not fully developed or uniform, that a great deal of discretion is left to individual nations to determine the scope of recognized immunity, and that some considerations argue for waiver in the UDRP context as being acceptable, while others may lead to a contrary conclusion.

·         Due to travel schedules, the first time that Petter and I had a chance to discuss the draft with ICANN staff was yesterday. We are seeking to schedule a call with Prof. Swaine later this week if at all possible to raise various questions and issues as well as to determine what his preliminary conclusions are..

·         Our hope is to get a more complete draft distributed to all WG members as soon as possible, and certainly prior to the Marrakech meeting. Once we speak with Prof. Swaine we will schedule a WG call for either February 24 or March 2 (I depart for Marrakech on March 3) to prepare for our Marrakech meeting.

·         At our meeting in Marrakech, we intend to seek comments on the draft from all WG members, as well as from IGOs and GAC members. (Staff-do we as yet have a time and date for our WG meeting?) Following Marrakech we intend to move forward expeditiously on our work using the report as a basis for determining our course.

Let me know if you have any additional questions at this time.

Best regards, Philip

Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

-----Original Message-----
From: George Kirikos [mailto:icann at leap.com]
Sent: Tuesday, February 16, 2016 4:33 PM
To: Phil Corwin
Cc: gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>
Subject: Re: [Gnso-igo-ingo-crp] Any update on Swaine report?

I just wanted to followup and see how things are progressing. If we don't get the draft Swaine report soon, then that means we're looking at sometime in March for our next teleconference? (i.e. there's no meeting tomorrow, and it wouldn't make sense to have a meeting next Wednesday unless the report was provided before the weekend, so folks can digest it and have informed comments/discussions).

Sincerely,

George Kirikos

416-588-0269

http://www.leap.com/

On Tue, Jan 26, 2016 at 6:20 PM, Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:

> Happy New Year, George.

>

> We have checked with Professor Swaine and are expecting a draft document very soon, possibly later this week. As soon as we receive it we will be back in touch with the WG.

>

> Best, Philip

>

> Philip S. Corwin, Founding Principal

> Virtualaw LLC

> 1155 F Street, NW

> Suite 1050

> Washington, DC 20004

> 202-559-8597/Direct

> 202-559-8750/Fax

> 202-255-6172/cell

>

> Twitter: @VlawDC

>

> "Luck is the residue of design" -- Branch Rickey

>

>

> -----Original Message-----

> From: gnso-igo-ingo-crp-bounces at icann.org<mailto:gnso-igo-ingo-crp-bounces at icann.org>

> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of George

> Kirikos

> Sent: Tuesday, January 26, 2016 6:16 PM

> To: gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>

> Subject: [Gnso-igo-ingo-crp] Any update on Swaine report?

>

> Hi folks,

>

> Happy New Year.

>

> It's been a while, so I just wanted to see if we have any news/updates regarding the Swaine report?

>

> Sincerely,

>

> George Kirikos

> 416-588-0269

> http://www.leap.com/

> _______________________________________________

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> Gnso-igo-ingo-crp at icann.org<mailto:Gnso-igo-ingo-crp at icann.org>

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