[gnso-igo-wt] Kick off email for discuss

BECKHAM Brian brian.beckham at wipo.int
Thu Jul 1 13:15:49 UTC 2021

Thanks Paul for setting this out.

As we had discussed the idea of a fallback provision on our last call, I had understood option 3 as being applied in something of a bifurcated fashion, e.g., step 1 agree to arbitrate, step 2 try to agree on choice of law, but if the parties are unable to agree the arbitrator(s) decide?

Can you help me understand a bit better how that would work with the idea that a party could decide not to engage in arbitration if they did not get their choice of law?


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of McGrady, Paul D. via gnso-igo-wt
Sent: Thursday, July 1, 2021 2:41 PM
To: Arasteh <kavouss.arasteh at gmail.com>
Cc: gnso-igo-wt at icann.org
Subject: Re: [gnso-igo-wt] Kick off email for discuss

Thanks Kavouss.

All, it appears we now have three options regarding Choice of Law:

1.  The parties deciding at the time of agreeing to arbitration;
2.  The arbitrator making the decision in all cases; or
3.  The arbitrator making the decision in cases where the parties agree to arbitration but cannot agree on a Choice of Law.

I can live with any of these three, since ultimately a party can decide not to engage in arbitration of they do not have control over the Choice of Law.  If we wish to promote the use of binding arbitration, it seems to me that 1 is the most likely to do so, followed by 3 and then lastly 2.


From: Arasteh <kavouss.arasteh at gmail.com<mailto:kavouss.arasteh at gmail.com>>
Sent: Tuesday, June 29, 2021 2:26 AM
To: McGrady, Paul D. <PMcGrady at taftlaw.com<mailto:PMcGrady at taftlaw.com>>
Cc: gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] Kick off email for discuss

Dear Paul
But these are not two independent options but two stepwise options
In other words , if the parties do not agree on the choice of law  then the arbiter acts as in option 2

Envoyé de mon iPhone

Le 28 juin 2021 à 18:19, McGrady, Paul D. via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>> a écrit :

Regarding Choice of Law, I can live with either:

1.  The parties deciding at the time of agreeing to arbitration; or
2.  The arbitrator making the decision (which will affect whether or not the parties ultimately agree to the arbitration).



Taft /

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