[NRO-IANAXFER] Contract details

Pindar Wong pindar.wong at gmail.com
Thu Jan 8 00:03:00 CET 2015


Not a lawyer, but FWIW  keep in view this structure for ICANN's existing
list of arbitrators:-

https://www.icann.org/resources/pages/providers-6d-2012-02-25-en

p.


On Thu, Jan 8, 2015 at 1:55 AM, John Curran <jcurran at arin.net> wrote:

> 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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