[IOT] IRP-IOT Panelist Selection Update

Tue May 9 13:59:55 UTC 2023

Hi all

During our last call, we spent our time largely focussed on the situation where the Standing Panel might lack "the requisite diversity of skill and experience needed for the particular IRP proceeding", as envisaged in the Bylaws Section 4.3(k)(ii).  Frm that discussion, I think the key points raised were as follows:

  *   Any rules we set should be light-touch.  Need to allow the panel to have some procedural freedom, which has worked will to date;
  *   The Standing Panel concept is an important one under the Bylaws, so any exception to this should be narrow and exceptional;
  *   There is a need to clarify the mechanism to address the situation where the Standing Panel lacks the diversity of skill and experience.  Whilst many felt that this decision needs to rest with the Standing Panel (or its Chair), there was also support for finding a balance, since the parties may, in practice want to raise this as a concern;
  *   Care is needed not to invite actions/decisions from the full Standing Panel which might then have the effect of excluding them all from subsequently acting on the case;
  *   The Bylaws also allow for an IRP Panel to seek expert input;
  *   A determination on whether there is a lack of the requisite diversity of skill and expertise could be made by:
     *   Full Standing Panel (risk that all are then conflicted from serving on the IRP Panel for the substantive dispute)
     *   Chair of the Standing Panel (risk that the Chair then is excluded from serving on the IRP Panel in such cases)
     *   Emergency Panelist (likely requires some expansion of this role; currently only seems to cover interim relief)
     *   Allow the Standing Panel to set their own process

Proposed way forward:

  *   The Standing Panel may, of its own volition and acting through the Chair of the Standing Panel, conclude that it lacks the requisite diversity of skill and experience in the Standing Panel for a particular case.  They would need to identify the proposed path forward, for example that both parties select an IRP Panelist from the Standing Panel and then the third IRP Panelist is selected from outside the Standing Panel, or that all IRP Panelists are selected from Outside the Standing Panel
  *   A party can raise a concern that there is a lack of the requisite diversity of skill and experience in the Standing Panel for the particular case, which they would do at the time of IRP Panelist selection, i.e. before the 3-person IRP Panel is appointed.
  *   Where raised by a party, an Emergency Panelist will be appointed to from within the Standing Panel to make the determination, unless and until the Standing Panel has set their own procedure for handling such a situation.
  *   The Emergency Panelist role will be expanded to allow Emergency Panelists to make determinations on procedural matters such as this. The expectation is that Standing Panelists will take it in turns to serve as n Emergency Panelist, but this will be a matter of Standing Panel procedure for the Standing Panel to decide.

I have not amended the draft strawperson to reflect this, but would propose to do so after our call if there is support from the group.

Susan Payne
Head of Legal Policy

[cid:image001.png at 01D98280.01D3E8F0]<https://comlaude.com/>

28-30 Little Russell Street,
London WC1A 2HN, UK
T +44 (0) 20 7421 8250
Ext 255

comlaude.com<http://comlaude.com>

We are pleased to launch our new YouTube channel<https://t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0>

[cid:image002.png at 01D98280.01D3E8F0]<https://www.linkedin.com/company/com-laude> [cid:image003.png at 01D98280.01D3E8F0] <https://twitter.com/comlaude?lang=en>  [cid:image004.png at 01D98280.01D3E8F0] <https://www.facebook.com/ComLaude/>  [cid:image005.png at 01D98280.01D3E8F0] <https://www.youtube.com/@comlaude>

[cid:image006.jpg at 01D98280.01D3E8F0]
________________________________
The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 103154 bytes
Desc: image001.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 1463 bytes
Desc: image002.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1945 bytes
Desc: image003.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 1954 bytes
Desc: image004.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image004-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 1195 bytes
Desc: image005.png
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image005-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 85818 bytes
Desc: image006.jpg
URL: <https://mm.icann.org/pipermail/iot/attachments/20230509/a8ca94ca/image006-0001.jpg>