SENT ON BEHALF OF PHIL AND PETTER (WORKING GROUP CO-CHAIRS)

Dear Working Group members,

We are moving toward concluding our deliberations on the topic of whether (and if so, what) recommendation to make to deal with the situation where the losing respondent files a claim in a national court but the IGO succeeds in claiming immunity from the jurisdiction of that court. With thanks to Zak for timely submitting proposed text on a new option for this topic, which we will consider on our next call this Thursday, we request that if any Working Group member has any proposed text for consideration, please submit the actual text you are proposing for Working Group consideration no later than one hour before the Thursday call (i.e. 1600 UTC on 14 December). This will be the deadline for submission of any options to be included in any further polling of the WG for support or opposition.

The proposed agenda for the call this Thursday is as follows:

1. Roll call/updates to Statements of Interest
2. Co-Chairs’ recap of discussion with Nominet legal counsel on the Nominet appeal process
3. Review of text proposed by Zak for a new option (in the context of a possible Recommendation #3)
4. Presentation of Co-Chairs’ proposal for concluding deliberations on Recommendation #3 and conducting the Working Group Consensus Call for all Recommendations and options
5. Scheduling the next meeting

We hope that as many Working Group members as possible can attend the call this week, as we hope to wrap up discussions on this one remaining possible recommendation, and proceed with the formal Consensus Call before the end of this year.

Best regards,

Phil and Petter