On 17 Nov 2025, at 10:27, Peter Eakin via Igo-ingo-curative-rights-irt <igo-ingo-curative-rights-irt@icann.org> wrote:

Dear IGO Curative Rights IRT,

 

I hope everyone enjoyed a productive ICANN84, whether attending in person or remotely.

 

During our IRT discussion in Dublin, we left off with a question on whether a URS or court determination is required before a registrant may elect to utilize the new arbitral proceeding we are implementing pursuant to the EPDP curative rights recommendations. While this discussion arose in the context of the URS and URS Rules redlines under review by the IRT, the question also exists in the draft updates to the UDRP and UDRP Rules.

 

The approach taken in both the UDRP and URS redlines shared with the IRT to-date is that a registrant may only pursue this new arbitral proceeding after one of the following two triggering events: (a) the issuance of a UDRP or URS determination, or (b) a court decision declining to exercise jurisdiction over an IGO complainant.

 

ICANN org understands the view expressed by some IRT members in Dublin to be that this new arbitral proceeding should ideally be available to the registrant at any point after a URS or UDRP complaint is filed. The discussion in Dublin appeared to surface a difference of approach between the URS and UDRP redlines shared with the IRT to-date and that expressed by at least a portion of IRT members.  

 

Following ICANN84, we need to determine whether the IRT as a whole disagrees with ICANN org’s interpretation of the text of the recommendations on this matter so that we can determine our path forward. To this end, we share attached a written rationale for the staff interpretation to-date, and request the IRT’s written feedback on the following questions no later than 24 November. We understand that this is a short requested turnaround time, but are requesting your feedback by this date so that we can determine how to move forward expediently and minimize impacts to our implementation timeline.  As you are aware, full implementation of these policy recommendations is currently planned for Q2 2026 and serves as a dependency for the release of IGO acronyms currently withheld from registration, as well as the launch of a post-registration notification system for IGOs, both scheduled for completion in Q3 2026.

 

Questions for IRT Members

1. As an IRT member, do you believe that the UDRP, UDRP Rules, URS, and URS Rules redlines (hereinafter, “the redlines”) shared with the IRT accurately reflect the policy recommendations in the Final Report with respect to the “triggers for arbitral proceeding” issue? Please see the attached rationale for the approach taken in the redlines.
2. If not, why do you disagree with this interpretation?
3. If you disagree with the approach taken in the redlines, in your view, does your position align with or differ from the consensus of the IRT? 

We note that the IRT has been convened to assist staff in developing the implementation details for the policy to ensure that the implementation conforms to the intent of the policy recommendations (see IRT principles and guidelines). In the event of a disagreement between the IRT and staff regarding the proposed implementation approach, we will strive to resolve the disagreement. If the disagreement cannot be reconciled, the GNSO Council liaison, in consultation with the IRT, is expected to make an assessment as to the level of consensus within the IRT on whether to raise the issue with the GNSO Council for consideration.

 

Next Steps

 

Due to the issue raised in Dublin, we believe it would be premature to proceed to public comment in November as envisioned in our work plan. 

 

Please share your thoughts on the questions above on-list by Monday, 24 November. Mindful of the upcoming US holiday period, we have provisionally identified two dates for an IRT meeting, one in the week of 24 November, another in the week of 1 December - please complete the doodle poll issued by Renate earlier to indicate your availability. We will select the date most convenient for the group. We will also endeavour to schedule an additional meeting before the Christmas break if needed.

 

As ever, happy to discuss.

 

Best,

Peter

 

(see attached, Rationale for Approach Taken in Draft Redlines):

Google link: https://docs.google.com/document/d/1CDkX-FNmNMncwVS6VBoKL2aDnKSmOrQ-SlTKVzptrZg/edit?tab=t.0
MS Word version – attached to email

 

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

 

 

<EXT_ Post ICANN84 Rationale for Approach Taken in Draft Redlines.docx>_______________________________________________
Igo-ingo-curative-rights-irt mailing list -- igo-ingo-curative-rights-irt@icann.org
To unsubscribe send an email to igo-ingo-curative-rights-irt-leave@icann.org