To which one needs to add that the principal reason the case is in California is that California is specified as the venue (and also as the substantive decisional law) in ICANN’s contracts. As a general matter ICANN is free to specify that the next such dispute be determined by an arbital panel in London (as an example) if it wishes, or using Swiss (another example) concepts of procedural due process.
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
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From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Mueller, Milton L
Sent: Thursday, October 27, 2016 9:04 PM
To: Jorge.Cancio@bakom.admin.ch; ws2-jurisdiction@icann.org
Subject: Re: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document
One thing to keep in mind about these court cases. The litigation concerns such things as whether ICANN was in breach of contract, whether it committed fraud, and whether it needs to be ordered to follow the IRP decision. It does _not_ put an American court in the position of deciding which of two applicants for the .AFRICA domain are the more worthy. In other words, the U.S. court in this case is not the policy maker, it is a settler of legal disputes among contracting or would-be contracting parties.
--MM
From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Jorge.Cancio@bakom.admin.ch
Sent: Thursday, October 27, 2016 4:00 PM
To: gregshatanipc@gmail.com; ws2-jurisdiction@icann.org
Subject: Re: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document
Hi, here’s the website about the „.africa“ issue I mentioned in the chat: http://www.africainonespace.org/litigation.php
Cheers
Jorge
Von: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] Im Auftrag von Greg Shatan
Gesendet: Donnerstag, 27. Oktober 2016 20:59
An: ws2-jurisdiction@icann.org
Betreff: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document