[gnso-igo-wt] Agenda RPM - IGO Curative Rights Work Track for 3 May 2021 15:00 UTC Meeting

[BECKHAM Brian]

Thanks Berry,

Looking forward to seeing you all later.

In advance of our call, and noting items 3.1 and 3.2 in the agenda, I thought I would share a provision from the Base ICANN Registry Agreement:  https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved-31jul17-en.html

[Alternative Section 5.2 Arbitration text for intergovernmental organizations or governmental entities or other special circumstances:

“Arbitration.  Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce (the “ICC”).  The arbitration will be conducted in the English language and will occur in Geneva, Switzerland, unless another location is mutually agreed upon by Registry Operator and ICANN.  Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7.  In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party nominating one arbitrator for confirmation by the ICC and the two selected arbitrators nominating the third arbitrator for confirmation by the ICC.  For an arbitration in front of a sole arbitrator, Registry Operator and ICANN may, by mutual agreement, nominate the sole arbitrator for confirmation by the ICC.  If the parties fail to nominate a sole arbitrator or, in the case of an arbitration in front of three arbitrators, either party fails to nominate an arbitrator, in each case within thirty (30) calendar days from the date when a party’s request for arbitration has been received by the other party, or within such additional time as may be allowed by the Secretariat of the Court of the ICC, the arbitrator(s) shall be appointed by the ICC.  If any nominated arbitrator is not confirmed by the ICC, the party or persons that appointed such arbitrator shall promptly nominate a replacement arbitrator for confirmation by the ICC.  In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto.  The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards.  In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15.  In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Geneva, Switzerland, unless another location is mutually agreed upon by Registry Operator and ICANN; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.”]


From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of Berry Cobb via gnso-igo-wt
Sent: Sunday, May 2, 2021 7:41 PM
To: gnso-igo-wt at icann.org
Subject: [gnso-igo-wt] Agenda RPM - IGO Curative Rights Work Track for 3 May 2021 15:00 UTC Meeting

Dear RPM - IGO Curative Rights Work Track,

Please see below the proposed agenda for the meeting scheduled on 3 May 2021 15:00 UTC.

  1.  Roll Call & SOI Updates (5 minutes)
  2.  Welcome & Chair updates (Chair) (5 minutes)
  3.  Four Components of Deliberations (75 minutes)
     *   Jurisdictional Immunity
     *   Arbitration – Super Panel
     *   Entry to DRP - 6ter vs. GAC List (time permitting)
  4.  Next steps & closing (5 minutes)
     *   Next meeting 10 May 2021 @ 15:00 UTC


Sincerely,

GNSO Policy Staff[https://icanncrm.my.salesforce.com/servlet/servlet.ImageServer?oid=00D1a000000Y7OU&esid=0181P00000SjpP7&from=ext]


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