Hi folks, I checked a few other ccTLDs, to see how they handle exposure to courts for complainants: 1. .us (USA) -- http://www.neustar.us/ustld-dispute-resolution-policy/ Complainant must submit to a mutual jurisdiction (see section 3.c.xii). 2. .de (Germany) -- www.denic.de/en/faq-single/450/1/248.html Does not have *any* dispute resolution procedure, so complainants must go through the courts. 3. .ca (Canada) -- http://cira.ca/assets/Documents/Legal/Dispute/CDRPrules.pdf Appendix A, Paragraph 5 (page 17) says complaints must submit to a court jurisdiction. 4. .ru (Russia) -- http://cctld.ru/en/domains/domens_ru/registration.php Like Germany for .de, there is no domain name dispute resolution procedure for the .ru ccTLD, so complainants must go through the courts. These examples demonstrate that IGOs are not treated in a special manner in these countries (or in the case of .eu, an entire continent), when it comes to submission to a court's jurisdiction. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Wed, Mar 18, 2015 at 9:04 AM, George Kirikos <icann@leap.com> wrote:
Don't the IGOs face identical issues of 'standing' and exposure to 'legal jurisdiction' in ccTLD disputes?
For instance, in the ADR rules of the EU:
http://eu.adr.eu/html/en/adr/adr_rules/eu%20adr%20rules.pdf
paragraph B.1.(b)(14) says (on page 9):
"State that the Complainant will submit, with respect to any challenges to a decision in the ADR Proceeding revoking or transferring the domain name, to the jurisdiction of the courts in at least one specified Mutual Jurisdiction in accordance with Paragraph A1"
For the DRS procedure of .uk domain names, it states in section 3(c)(viii):
http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure/drs-pro...
"state that the Complainant will submit to the exclusive jurisdiction of the English courts with respect to any legal proceedings seeking to reverse the effect of a Decision requiring the suspension, cancellation, transfer or other amendment to a Domain Name registration, and that the Complainant agrees that any such legal proceedings will be governed by English law;"