[CRISP-TEAM] Bermuda venue
apb at cequrux.com
Thu Jan 15 17:59:32 CET 2015
On Thu, 15 Jan 2015, Bill Woodcock wrote:
>Paul and Alan keep clobbering each other on this one:
This is in section III.A.3.
>Right now it’s the “Bermuda” text. The two primary options are:
> In case of disputes where mediation has failed to resolve
> the dispute, the ICANN ASO MoU provides for arbitration via
> International Chamber of Commerce (ICC) Rules of Arbitration in
> the jurisdiction of Bermuda or such other location as is agreed
> between the RIRs and ICANN.
> In case of disputes where mediation has failed to resolve the
> dispute, the ICANN ASO MoU provides for arbitration.
In a different section, dealing with proposed future arrangements,
we agreed to say "arbitration" and stop there, not mentioning
anything about ICC rules or Bermuda or a neutral location.
This section is about current arrangements, and needs to be in
harmony with the ASO MoU. I objected to "arbitration in a neutral
venue", because that is not what the ASO MoU says, and suggested
reinstating the text about ICC and Bermuda. Paul apparently also
objected to "arbitration in a neutral venue", and suggested just
"arbitration". I have no objection to Paul's suggestion.
The ASO MoU says:
In the event that the NRO is in dispute with ICANN relating
to activities described in this MoU, the NRO shall arrange
arbitration via ICC rules in the jurisdiction of Bermuda
or such other location as is agreed between the NRO and
ICANN. The location of the arbitration shall not decide the
laws to be applied in evaluating this agreement or such
--apb (Alan Barrett)
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