[gnso-igo-wt] FOR REVIEW & DISCUSSION: Draft IGO Work Track Initial Report

BECKHAM Brian brian.beckham at wipo.int
Wed Aug 18 08:44:30 UTC 2021


Dear all,

Apologies as this took us a little bit of time to coordinate internally.  To correct some of the terminology around privileges and immunities, and for some procedural clarity, IGOs submit the following for the text at the bottom of page 9 (we have broken apart the clauses merely for ease of reading):

Alex, Brian, David

--

[As provided in Paragraph 54(k) of the UDRP, the relevant registrar shall wait ten (10) business days (as observed in the location of its principal office) before implementing a UDRP [or URS] panel decision rendered in the IGO Complainant’s favor, and will stay implementation if, within that period, it receives official documentation that the registrant has initiated proceedings in a court of competent jurisdiction.

In If the event that the relevant court in such judicial proceeding declines to assume jurisdiction on the basis that the IGO Complainant does not waive its privileges and immunities is immune from the court’s jurisdiction (with the result that the court is unable to proceed further consider the case on its merits), the registrant shall have the option to agree to may submit the dispute to binding arbitration within 10 days from the court order declining jurisdiction over the IGO, by submitting a Request for/Notice of Arbitration [ * ] to the competent arbitral institution with a copy to the registrar and the IGO Complainant [add time frame].

If it receives such Request for/Notice of Arbitration, tThe registrar shall continue to stay implementation of the UDRP [URS] panel decision until it receives confirmation from at least one of the parties that they will not be proceeding to arbitration or official documentation concerning the outcome of an arbitration or other satisfactory evidence of a settlement or other final resolution of the dispute.

[If the registrant does not submit a Request for/Notice of Arbitration [ * ] to the competent arbitral institution (with a copy to the registrar and the IGO Complainant) within 10 days from the court order declining jurisdiction over the IGO, the original UDRP decision will be implemented by the registrar.]]

* Note that to signal formal commencement of arbitral proceedings the ICC and WIPO use the term “Request for Arbitration” and UNCITRAL uses the term “Notice of Arbitration”.


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of Mary Wong via gnso-igo-wt
Sent: Wednesday, August 18, 2021 2:07 AM
To: gnso-igo-wt at icann.org
Subject: [gnso-igo-wt] FOR REVIEW & DISCUSSION: Draft IGO Work Track Initial Report

Dear all,

As follow up from the IGO Work Track call last Monday, please find attached a preliminary draft Initial Report for your review and continuing discussions. Given the plan to publish the Initial Report for Public Comments in early September, please note that the draft was prepared by staff and circulated to the full Work Track in the interests of time. As such, the current document does not reflect specific comments or suggestions from the Work Track leadership team.

To facilitate focused discussion and to avoid multiple versions of the same document, staff would like to suggest that, instead of “redlining” or editing the document, Work Track members post your questions, suggestions and any notes as to errors or inaccuracies to this mailing list for discussion, including on the upcoming Work Track call next Monday. We will be sure to note all comments that you post to the list, to ensure that all input on the draft report is discussed.

Thanks and cheers
Steve, Berry & Mary


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