Dear IRT,
Thank you for those of you who responded to my email. Your feedback on both items is appreciated and very helpful.
In the interests of gathering as many viewpoints as possible, can I ask that any member who wishes to respond but has yet to do so, reply by
COB Friday 17 April?
We are entering a busy meeting/travelling period for many of us, with the ICANN Contracted Parties Summit in Manchester on 27-29 April just one event that will place demands on our time. Having as many of your positions
on record as possible will therefore aid staff in working quickly and with maximum agility to plot next steps.
We are especially interested to hear the thoughts of IGO representatives within the IRT, including on Item 2: ‘Additional Proposal regarding IGO Consent to Arbitration’.
Many thanks,
Peter
Peter Eakin
Policy Research Specialist, Policy Research & Stakeholder Programs
Internet Corporation for Assigned Names and Numbers (ICANN)
Tel: + 32 493
547 913
Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium
Dear IRT,
Thank you for those who attended our call yesterday. It was a lively, interesting discussion. I urge those unable to attend to review the recording on the meeting
wiki page [icann-community.atlassian.net].
I wish to bring two items to your attention:
Item 1: Request for Input
As I requested at the end of the call, to best help staff progress this project we would like all IRT members, including those who spoke on yesterday’s call, to submit
answers to the following questions on the email list. Feel free to include additional thoughts/information that you feel may be useful.
When submitting your response, it would helpful if you set out your argument supported by reference to the underlying principles and logic on which it is based. Clarifying
the ‘why’ behind your position – e.g. policy interpretation concerns, practical impacts/problems - will make it easier for staff to identify where views algin or differ:
- Do you believe the IRT is resolving a policy disagreement (e.g. how to interpret the Final Report/WG intent)
or an implementation disagreement (how to address the pre-determination use of the new arbitral mechanism in the UDRP Rules or elsewhere)?
- Should the
EPDP
developed
arbitral mechanism be available
for use before a UDRP or URS
determination? Please explain why you disagree with the alternative point of view (whether for or against pre-determination
availability)
- What do you believe are the practical differences, if any, between potential use of the
EPDP arbitral mechanism and general arbitration in a pre UDRP or URS determination context? If parties already have the right to arbitrate privately at any time, what are the benefits/objections to allowing this via the EPDP arbitral mechanism?
- Why is it important that pre-determination use of the
EPDP
developed
arbitral mechanism
be addressed/not be addressed by ICANN? If it should/can be addressed, how/where should this be accomplished?
- Do you consider any of the 4 options advanced by ICANN in the
options paper as offering, or forming the basis of, a path forward on this issue?
Please submit your responses as soon as possible, by
Wednesday 15 May.
Item 2: Additional Proposal regarding IGO Consent to Arbitration
On yesterday’s call, an IGO representative noted that one of the main concerns with allowing pre-determination use of the EPDP arbitral process was that, under the
EPDP recommendations, by filing a UDRP, IGOs must consent to arbitration as a challenge to a UDRP/URS decision. However, IGOs object to being required to consent to a ‘parallel’ arbitration that takes place before a UDRP/URS decision has been reached, as is
the case in the most recent draft updates .
Following internal discussions, staff would like to put the following proposal to the IGOs/wider IRT for your consideration as a possible compromise:
-
The new Arbitral Proceeding exists and can be filed by a registrant at any time after a UDRP/URS is filed.
-
However, an IGO is not required to consent to resolution via arbitral proceeding until after a UDRP/URS decision is issued.
-
A Registrant can elect arbitration once a complaint is filed, and the IGO at that time can decide whether to agree to consent to arbitration or not.
-
In this scenario, there is no direct impact to the UDRP or URS proceeding unless the parties elect to terminate the proceeding
We are interested to hear your thoughts on this proposal
as soon as possible.
Best wishes,
Peter
Peter Eakin
Policy Research Specialist, Policy Research & Stakeholder Programs
Internet Corporation for Assigned Names and Numbers (ICANN)
Tel: + 32 493
547 913
Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium