As Co-Chair of a working group that is presently inquiring into the scope of sovereign immunity for IGOs as it relates to access to the UDRP, URS, or a new domain arbitration  mechanism, I can  advise that you are suggesting wading into very murky waters.

Philip S. Corwin, Founding Principal

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From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Avri Doria
Sent: Wednesday, April 08, 2015 6:13 PM
To: accountability-cross-community@icann.org
Subject: [CCWG-ACCT] Jurisdictional Issue

Hi,

I am wondering whether this is an issue that can be directed to our legal experts; both our International Law Advisor Lee Bygrave, and the Legal Experts we have hired.

Specifically:  how can  affected parties, whether sovereign, IGO or individuals outside countries with ICANN presence,  can use courts or other legal mechanisms that are appropriate for them, their jurisdiction and international law.

avri

On 05-Apr-15 19:09, Bruce Tonkin wrote:

Hello Avri
 
 

On Jurisdiction:

 
I agree that this is a basic topic that still needs to be covered.  I believe it is about making sure that any of the stakeholders has a chance to argue their case in a jurisdictionally appropriate venue. For States and IGOs, that is not generally the US court system. A solution for this does seem to be a necessary part of any accountability solution.
 
I think you have stated the problem well here.   It might be an area where the CCWG can get some legal advice on how to ensure the above can be achieved.   Ie it is less about where ICNAN is physically located or incorporated - and more about the ability of affected parties to use courts that are appropriate for them.
 
Regards
Bruce Tonkin
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