[NRO-IANAXFER] Contract details

Pindar Wong pindar.wong at gmail.com
Thu Jan 8 07:51:43 CET 2015


On Thu, Jan 8, 2015 at 1:52 PM, John Curran <jcurran at arin.net> wrote:

>  On Jan 7, 2015, at 3:03 PM, Pindar Wong <pindar.wong at gmail.com> wrote:
>
>
>  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
>
>
>  Pindar -
>
>   You are going to have to be more specific with respect to “keep in view
>   this structure for ICANN’s existing list of arbitrators"
>
>    Are you indicating that you feel that a contract from address community
>   for IANA operator services for the central number registries (i.e. RFC
> 7249)
>   should somehow consider ICANN’s list of Uniform Domain Name Dispute
>   resolution providers?  If so, could you explain why you believe the list
> is
>   relevant to the CRISP team efforts, and how it should impact the effort?
>
>   Without such explanation, it is quite unclear how the CRISP team should
>  consider your input...
>

Sorry John for the confusion... you were recounting what you remembered
w.r.t. the selection criteria of Bermuda for arbitration.

It's been a while but from what I recall there was also the 'other option'
in the Arbitration bit that the CRISP team might need to consider.

Emphasis mine:-
http://archive.icann.org/en/aso/aso-mou-29oct04.htm

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.


https://aso.icann.org/documents/memorandums-of-understanding/nro-memorandum-of-understanding/
arrange arbitration via ICC rules in the jurisdiction of Bermuda, *or such
other location as is unanimously agreed* upon by each of the parties to the
arbitration.

The point that I was trying to make to the CRISP team, when it considers
the seat of jurisdiction issue, keep in view, if it wishes to retain a
'such other location as agreed', that it might be helpful to figure out
beforehand how it might come to the agreement of this non-Bermuda
jurisdiction.  If so, then it might be helpful to consider the ICANN UDRP
dispute resolution providers as a starting point.  This list of arbitrators
were selected again some criteria, which may not be relevant for your
purposes, but it's just a starting point.

Hope that helps.

p.





>
>  Thanks!
> /John
>
>  John Curran
> President and CEO
> ARIN
>
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://www.nro.net/pipermail/ianaxfer/attachments/20150108/3b7d5628/attachment.html>


More information about the ianaxfer mailing list