Hi Damon, thanks so much for raising this and let me say I wholeheartedly agree with the approach in general terms.

I offer two small suggestions: 1, perhaps it should be made clear that the IRT team members are substantially the exact same working group members so as to assure the council that there is no risk of new policy being created: this is the same group that is providing its two cents as to the interpretation/implementation, and 2, where the letter states that the staff thinks that this is the “only” offramp, I wonder if a more accurate representation would be to say that “a question has arisen within the implementation team and staff as to the appropriate timing of the offramp.”

From: Ashcraft, Damon via Igo-ingo-curative-rights-irt <igo-ingo-curative-rights-irt@icann.org>
Sent: Thursday, December 18, 2025 7:58:06 PM
To: igo-ingo-curative-rights-irt@icann.org <igo-ingo-curative-rights-irt@icann.org>
Cc: peter.eakin@icann.org <peter.eakin@icann.org>; Chris Disspain <chris.disspain@identity.digital>
Subject: [Igo-ingo-curative-rights-irt] Letter to Council Requesting Input and Vote

All:

I hope you are all having a wonderful holiday season. As you know from our recent calls an issue of clarification has come up with respect to UDRP and arbitration and specifically when is and can the UDRP be terminated upon the initiation of arbitration. ICANN staff, Chris, and myself met recently and we think that the intent of the PDP was to have initiation of arbitration terminate any applicable UDRP proceeding and not have limited “off ramps” so to speak to terminate a UDRP.

We felt it best to get Council’s input on this and accordingly, I’m going to send the attached letter to Council tomorrow morning (Phoenix time) and I’ll be adding a motion to the Council agenda confirming this for the January meeting.

I just wanted to give you a heads up that this letter is going out and that a motion will be before Council.

Please let me know if you have any questions.

Thanks, Damon

J. Damon Ashcraft

, P.C.

O:	602.382.6389

M:	602.510.1640

dashcraft@swlaw.com

SNELL

& WILMER

swlaw.com | LinkedIn

One East Washington Street | Suite 2700 | Phoenix, AZ 85004‑2556

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