[NRO-IANAXFER] Contract details

Richard Hill rhill at hill-a.ch
Wed Jan 7 18:26:42 CET 2015


Dear Adam,

I don't know the history of the existing agreement, but I do know that Bermuda is often chosen as a seat of arbitration, albeit not as often as Geneva, Paris, or London.

Best,
Richard
  -----Original Message-----
  From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On Behalf Of Adam Nelson
  Sent: mercredi, 7. janvier 2015 17:37
  To: Seun Ojedeji
  Cc: ianaxfer at nro.net
  Subject: Re: [NRO-IANAXFER] Contract details


  I hate to just jump in here so late but can somebody explain the logic behind having Bermuda be the jurisdiction for these contracts/MoUs?  I presume that's the current location for many of these relationships and so we're trying to follow the well trod path.


  Anyway, Bermuda courts devolve up to the UK courts ... which probably means that there's even EU jurisdiction in theory.  I think that's actually a good thing but I was wondering what other people's thoughts are on it.


  Cheers,
  Adam


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  On Wed, Jan 7, 2015 at 4:17 PM, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:

    ++1 ~


    Cheers!



    On Wed, Jan 7, 2015 at 11:27 AM, Hans Petter Holen <hph at oslo.net> wrote:


      On 07/01/2015 11:07, Alan Barrett wrote:

        I still don't understand why you are opposed to a fixed term contract.  I don't see any advantage at all to an indefinite contract. 


      I am not opposed to a fixed term contract, but thee are some aspects of a fixed term contraxt that needs to be handled:
      - automatic renewal or not at the end of the term
      - notification period to renew the contract/terminate the contract
      - is it possible to terminate the contract only at the end of the term
      - is it possible to adjust the SLA or other conditions during the term of the contract
      - renegotiation means both parties may want to change terms

      I seriously think we should bring this back to high level principles like:

      - long term relation for stability
      - terminate at any point if SLA is not met in x out of the last y months (I usualy have 3 out of last 12 months in my sub
      - review SLA terms yearly - like the IETF
      - termination period should be log enough to find a new contractor
      - clear clauses of transition,
      - IPR, access to data etc.
      - clear, precice language easy to read and understand

      Then I would leave it for the legal team to suggest the best implementation of the principles under the approporiate legislation.

      I know how I would do it under Norwegian law, but the contract is most likely not going to be under Norwegian Law, so I do not think that would be relevant.

      The legal teams suggestion would as always need approval from RIR management and RIR boards - thats what why we have them.

      Some community engagement may also be useful - but some of us may have limited competency in the particular legal framework.

      -hph


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