[Gnso-igo-ingo-crp] IGOs, Waiver of Immunity, and the PDDRP

[George Kirikos]

Hi folks,

In relation to curative rights for IGOs, and the topic of
jurisdiction, note that the PDDRP rules (for disputes against a new
gTLD registry) specify:

https://www.icann.org/resources/pages/pddrp-2014-01-09-en
http://newgtlds.icann.org/en/applicants/agb/pddrp-rules-15oct13-en.pdf

that:

"...Complainant will submit, with respect to any challenges to a
decision in the administrative proceeding, to the jurisdiction of the
courts where the
Registry has its principle place of business;" (Section 3(b)(x))

Thus, the waiver of immunity exists in this dispute resolution policy,
as it does in the UDRP.

I believe this clause exists because ICANN wanted to make sure that no
"new law" was being created by the PDDRP, only a complementary
procedure to existing law. It reflects the fact that if an IGO
initiated a complaint against a registry in a court of law, it would
by necessity waive its immunity (i.e. reflecting the fact it was the
initiator of the dispute, rather than defending a dispute initiated by
someone else).

While the PDDRP was not a policy we were tasked to look at in this
PDP, I think its example is informative, and reinforces the argument
for the maintenance of the status quo --- i.e. we're not tasked to
create "new law".

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/