Aan: "Knight, Barbara" <BKnight@verisign.com>, "Theo Geurts" <theo.geurts@firstfind.nl>, "Caitlin Tubergen" <caitlin.tubergen@icann.org>
Cc: Gnso-impl-irtpd-rt@icann.org
Verzonden: Vrijdag 28 augustus 2015 00:22:12
Onderwerp: RE: [Gnso-impl-irtpd-rt] Reminder: IRTP-D Implementation Review Team Call 27 August 1900 UTC
Yes, Barbara is right.
The intention, as I recall it, was to keep the TDRP the same as it is now.
The Filing fee is paid to the Provider to administer the dispute. The Provider keeps that for their work, regardless of who wins or loses. The win/loss part only matters because that determines WHO pays the filing fees.
I think the language might be inartful.
Kristine
Kristine F. Dorrain, Esq.
Director of Arbitration
Forum
P.O. Box 50191
Minneapolis, MN 55405
Phone 952.516.6456
Fax 866.342.0657
Email kdorrain@adrforum.com
www.adrforum.com
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From: gnso-impl-irtpd-rt-bounces@icann.org [mailto:gnso-impl-irtpd-rt-bounces@icann.org] On Behalf Of Knight, Barbara
Sent: Thursday, August 27, 2015 2:38 PM
To: Theo Geurts; Caitlin Tubergen
Cc: Gnso-impl-irtpd-rt@icann.org
Subject: Re: [Gnso-impl-irtpd-rt] Reminder: IRTP-D Implementation Review Team Call 27 August 1900 UTC
Hi Theo,
I was under the impression that if the Filing Registrar did prevail, the non-filing registrar (the “Respondent”) would be required to send the Filing Fee to the Dispute Resolution Provider and then the Dispute Resolution Provider would return the Filing Fee to the Filing Registrar within 14 days. Section 3.3.3 addresses this.
| |
Barbara Knight Director of Registry Compliance bknight@Verisign.com c: 703-622-1071 |
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From: gnso-impl-irtpd-rt-bounces@icann.org [mailto:gnso-impl-irtpd-rt-bounces@icann.org] On Behalf Of Theo Geurts
Sent: Thursday, August 27, 2015 1:32 PM
To: Caitlin Tubergen
Cc: Gnso-impl-irtpd-rt@icann.org
Subject: Re: [Gnso-impl-irtpd-rt] Reminder: IRTP-D Implementation Review Team Call 27 August 1900 UTC
Sorry can't make today's call.
Question though about the the language used in 3.3.2 In the event that the Filing Registrar does not prevail in a dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
What is the reason behind this ? I was not part of the WG, so there could be a good reason, to have the language worded like this, however it might create the impression, that it is economical favorable for the dispute provider not to rule in favor for the filing Registrar as the dispute provider then gets to keep the money ?
In the scenario where the filing Registrar wins, the losing Registrar has to send the filing fee to the filing Registrar and the dispute provider does not get to keep (retain) the filing fee.
Thanks,
Theo
Van: "Caitlin Tubergen" <caitlin.tubergen@icann.org>
Aan: Gnso-impl-irtpd-rt@icann.org
Verzonden: Donderdag 27 augustus 2015 01:13:31
Onderwerp: [Gnso-impl-irtpd-rt] Reminder: IRTP-D Implementation Review Team Call 27 August 1900 UTC
Hi, Team.
The next IRTP-D Implementation Review Team call will be held on Thursday, 27 August at 1900UTC.
We will be discussing the attached draft of the Transfer Dispute Resolution Policy, which incorporates Recommendations 3, 4, and 10. If you are unable to attend the call but have comments on the attached draft, please feel free to submit comments to the list.
Also, for those of you who were unable to attend our last call, please find recordings, notes and relevant documents on the IRTP-D workspace page here: https://community.icann.org/pages/viewpage.action?pageId=53777540.
Please find the dial-in information for the next week’s call below:
Link to Adobe Connect: https://icann.adobeconnect.com/irtpd/
*Upon logging into Adobe Connect, a pop up window will provide you the option to Dial Out to your Phone. Enter your Phone Number* (Remember to change the Country Code if needed).
After joining the call, as a courtesy to others and the presenters, please MUTE your phone. This can be done by selecting *6 on your keypad. To UNMUTE select *6 again.
If you are Unable to log into Adobe Connect and can only join via phone:
List of International Dial In Numbers: https://www.myrcplus.com/cnums.asp?bwebid=8369444&ppc=6458688446&num=1-719-457-6209
Participant Passcode: 6458688446
Best regards,
Caitlin Tubergen
Registrar Relations and Contracts Manager
ICANN
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