[CRISP-TEAM] Bermuda venue
nurani at netnod.se
Thu Jan 15 18:11:20 CET 2015
> On 15 jan 2015, at 17:59, Alan Barrett <apb at cequrux.com> wrote:
>> 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.
Yes. That's different to this text.
> 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.
I agree. We are referring to what the MoU says, so that's fine.
I'm also happy to quote the exact text from the MoU as suggested by Andrei.
But if everyone agrees to use Paul's text, that is the simple solution at this point.
> 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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> CRISP at nro.net
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