Seun,
I think some of these questions have been asked to ICANN Legal.
It is possible that these arguments may have been quite valid in the circumstances of this specific case, but it would not necessarily indicate that they would apply to any other case. We should not rush to conclusions as to their applicability overall.
Best
Mathieu
De : Seun Ojedeji [mailto:seun.ojedeji@gmail.com]
Envoyé : lundi 3 avril 2017 15:41
À : Mathieu Weill <mathieu.weill@afnic.fr>
Cc : ws2-jurisdiction <ws2-jurisdiction@icann.org>
Objet : Re: [Ws2-jurisdiction] Pool.com case summary
Thanks a lot for sharing this Mathieu, I guess this removes any claims that the experience would be the same if ICANN were sued outside of her jurisdiction of incorporation. The following text makes that quite clear:
"Defendant ICANN asserted that the Court lacked jurisdiction because (quoting the argument):
ICANN is not resident in Ontario
The Action has no real or substantial connection to Ontario
Virtually all the evidence and witnesses are in California"
I am not a lawyer but perhaps it may be good to know how flexible it is for non-US customer of ICANN to legally engage/challenge ICANN in her place of incorporation. The impact of this on US-banned countries may also be a good to know.
Regards
On Mon, Apr 3, 2017 at 2:29 PM, Mathieu Weill <mathieu.weill@afnic.fr> wrote:
Dear Colleagues,
Here is another summary form for the Pool.com vs ICANN case. It’s an interesting case because it was the only one documented as submitted in front of a non-US court. However it was settled before it reached the decision stage.
Best,
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Seun Ojedeji,
Federal University Oye-Ekiti
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alt email: seun.ojedeji@fuoye.edu.ngBringing another down does not take you up - think about your action!