[NRO-IANAXFER] Contract details

John Curran jcurran at arin.net
Wed Jan 7 18:55:09 CET 2015


On Jan 7, 2015, at 8:37 AM, Adam Nelson <adam at varud.com> wrote:
> 
> 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.

>From memory, I recall that Bermuda jurisdiction for arbitration was proposed by 
the RIRs to ICANN (and later used for the inter-RIR NRO agreement) due to the 
following perceptions - 

   - A neutral venue totally independent of all the parties, RIRs and ICANN.

   - Allows for single location for arbitration of all disputes, rather than needing
     to select venue based on parties involved.

   - Makes use of well-understood International Chamber of Commerce rules. 

   - Has court system of recognized integrity with international commercial 
     arbitrations generally free of court interventions

I do not know if any/all of the above were provable factors, whether any/all are 
still applicable, or even whether these are the best criteria for venue selection
with respect to IANA contracting activities.  I supply the above only for purposes
of providing some insight into history for the discussion in response to the request.

FYI,
/John

John Curran
President and CEO
ARIN






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