[CRISP-TEAM] Bermuda venue

[Sweeting, John]

Paul¹s text is fine

On 1/15/15, 12:11 PM, "Nurani Nimpuno" <nurani at netnod.se> wrote:

>Hi,
>
>> 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 it¹s the ³Bermuda² 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.
>
>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.
>
>Andrei?
>
>Nurani
>
>>
>> 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)
>>
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>
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