[Ws2-jurisdiction] [EXTERNAL] issues on applicable law

[Mueller, Milton L]

As long as registries have the choice, a regional "menu" approach seems ok to me. 

> -----Original Message-----
> From: Paul Rosenzweig [mailto:paul.rosenzweig at redbranchconsulting.com]
> Sent: Wednesday, September 13, 2017 11:25 AM
> To: Mueller, Milton L <milton at gatech.edu>; ws2-jurisdiction at icann.org
> Subject: RE: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law
> 
> We can't avoid inconsistency altogether if there is more than one jurisdiction
> involved.  Almost by definition, with more than one jurisdiction available the
> risk of inconsistency and uncertainty is heightened.
> 
> At the other end of the spectrum is a world with 190+ jurisdictions.  In that
> context the risk of inconsistency is at its maximum.
> 
> I personally have no concerns about the use of California law exclusively.
> Others in the community, however, do have those concerns.  A menu option
> with a few regional choices seems to answer those concerns without a huge
> increase in the risk of inconsistency -- especially if it is accompanied by an
> urge toward uniformity in areas where uniformity is most essential (like
> operational issues).
> 
> It is an imperfect solution -- offered in the spirit of compromise, not as a
> canonically correct exposition of principle.
> 
> Paul
> 
> Paul Rosenzweig
> paul.rosenzweig at redbranchconsulting.com
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> -----Original Message-----
> From: Mueller, Milton L [mailto:milton at gatech.edu]
> Sent: Wednesday, September 13, 2017 10:22 AM
> To: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>;
> ws2-jurisdiction at icann.org
> Subject: RE: [Ws2-jurisdiction] [EXTERNAL] issues on applicable law
> 
> Very interesting post Paul. But, are you agreeing or disagreeing with the
> "menu" being based on regions? If you are agreeing, then how do we avoid
> this problem:
> 
> > And we cannot, from an accountability perspective, want a world in
> > which there are inconsistent results and how a contract provision is
> > enforced depends on whether the suit is brought in Europe or in Asia.
> > That type of uncertainty is also the enemy of accountability.  Thus, I
> > disagree with the submission that the presumption should be that the
> > law of the registry apply to the agreement. That way lies chaos.
> >