[CRISP-TEAM] Bermuda venue

[Alan Barrett]

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.
>
> or:
>
> 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
    dispute.

--apb (Alan Barrett)