Sorry I didn't reply all: My point is that the current rule is pretty unambiguous and has never been the subject of controversy to date and I can't see any reason why we'd want to muck up the language to solve an ambiguity problem that doesn't exist. Current Rule: 4.4 Fees for Second-Level Dispute Resolution Service 4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider’s Supplemental Rules. 4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider. 4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN. -----Original Message----- From: gnso-impl-irtpd-rt-bounces@icann.org [mailto:gnso-impl-irtpd-rt-bounces@icann.org] On Behalf Of Rob Golding Sent: Thursday, August 27, 2015 5:51 PM To: Gnso-impl-irtpd-rt@icann.org Subject: Re: [Gnso-impl-irtpd-rt] Reminder: IRTP-D Implementation Review Team Call 27 August 1900 UTC
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.
The explanation is even more confusing ;)
The Filing fee is paid to the Provider to administer the dispute.
The Filing Fee is paid to the Provider administer the dispute *by whomever brings the dispute action*
The Provider keeps that for their work, regardless of who wins or loses.
The Provider retains the Filing Fee as payment for their services.
The win/loss part only matters because that determines WHO pays the filing fees.
But the Filing Fee has already been paid ... It should be more like: * The Filing Fee is paid to the Provider to administer the dispute by the Claimant * The Provider holds the Filing Fee in trust until settlement after the Outcome * The Outcome Fee is limited to a maximum amount of the Filing Fee * If the Claimant Wins, Outcome Fee is to be paid by the Defendant within X days * If the Defendant Wins, Outcome Fee is to be paid from the Filing Fee, with any remainder being returned with X days OR we get into "if you win you can claim your costs from the loser" and the whole they-don’t-pay game ... Rob Have you heard the joke about Inter Registry Transfers yet ? I would tell you, but it takes 5 days ! /boom-tish/ --- This email has been checked for viruses by Avast antivirus software. http://www.avast.com _______________________________________________ Gnso-impl-irtpd-rt mailing list Gnso-impl-irtpd-rt@icann.org https://mm.icann.org/mailman/listinfo/gnso-impl-irtpd-rt