[Ws2-jurisdiction] Multiple Layers of Jurisdiction Document

[Paul Rosenzweig]

To which one needs to add that the principal reason the case is in California is that California is specified as the venue (and also as the substantive decisional law) in ICANN’s contracts.  As a general matter ICANN is free to specify that the next such dispute be determined by an arbital panel in London (as an example) if it wishes, or using Swiss (another example) concepts of procedural due process.  

 

Paul

 

Paul Rosenzweig

 <mailto:paul.rosenzweig at redbranchconsulting.com> paul.rosenzweig at redbranchconsulting.com

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From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Mueller, Milton L
Sent: Thursday, October 27, 2016 9:04 PM
To: Jorge.Cancio at bakom.admin.ch; ws2-jurisdiction at icann.org
Subject: Re: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document

 

One thing to keep in mind about these court cases. The litigation concerns such things as whether ICANN was in breach of contract, whether it committed fraud, and whether it needs to be ordered to follow the IRP decision. It does _not_ put an American court in the position of deciding which of two applicants for the .AFRICA domain are the more worthy. In other words, the U.S. court in this case is not the policy maker, it is a settler of legal disputes among contracting or would-be contracting parties. 

 

--MM

 

 

From: ws2-jurisdiction-bounces at icann.org <mailto:ws2-jurisdiction-bounces at icann.org>  [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Jorge.Cancio at bakom.admin.ch <mailto:Jorge.Cancio at bakom.admin.ch> 
Sent: Thursday, October 27, 2016 4:00 PM
To: gregshatanipc at gmail.com <mailto:gregshatanipc at gmail.com> ; ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org> 
Subject: Re: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document

 

Hi, here’s the website about the „.africa“ issue I mentioned in the chat: http://www.africainonespace.org/litigation.php

Cheers

Jorge

 

Von: ws2-jurisdiction-bounces at icann.org <mailto:ws2-jurisdiction-bounces at icann.org>  [mailto:ws2-jurisdiction-bounces at icann.org] Im Auftrag von Greg Shatan
Gesendet: Donnerstag, 27. Oktober 2016 20:59
An: ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org> 
Betreff: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document

 

 

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