[NRO-IANAXFER] Internet Number Community IANA Stewardship Proposal: Final Call for Comments

Craig Ng craig at apnic.net
Fri Jan 9 15:37:15 CET 2015


On 9/01/2015 1:22 pm, "Pindar Wong" <pindar.wong at gmail.com> wrote:

<snip>

> On Fri, Jan 9, 2015 at 9:59 AM, John Curran <jcurran at arin.net> wrote:
>> On Jan 8, 2015, at 4:35 PM, Pindar Wong <pindar.wong at gmail.com> wrote:

<snip>

>> 
>> Over the years, there have been a small number requests from ICANN for
>> clarification prior to global number resource policy ratification; I would
>> estimate
>> this to be 3 to 5 cases (it would require some research to establish the
>> precise
>> number), and in all cases supplying the requested information resulted in
>> prompt
>> policy ratification.  There have been no policy ³disputes², i.e. situations
>> which
>> necessitated invocation of the dispute resolution process.
>> 
>  
> That's great!
> 
> There maybe a downside though to the above, perhaps something to be considered
> as the details of SLA's are being drafted --- how do you know when mediation
> fails that your arbitration processes (as envisaged) work, under current
> assumptions, if they've never been tested?  Sorry, I've no idea on that one...
> other than perhaps asking others with related experience how different
> arbitration centres worked for them.

Hi Pindar

I have used mediation and arbitration provisions in almost all international
(and even national) contracts that I have drafted. The idea is that if there
is a dispute, then the parties try to resolve that by a mediation process
first, and if that doesn't work, then they submit themselves to arbitration
(and agree to abide by the decision of the arbitrator).

Arbitration is attractive because it takes a dispute out of the Courts of a
particular jurisdiction (and their rules, including laws about evidence and
admissibility of evidence). The parties can agree to the rules of
arbitration which is not necessarily jurisdiction-specific. It is also often
faster and cheaper than going through the Courts. There are a number a very
well-regarded arbitration centres around the world.

So, the system is tried and tested Š perhaps not with ICANN, but in other
circumstances.

I'm not sure if I have clarified adequately?

Craig

_______________________________________________________
Craig Ng
General Counsel, APNIC
e: craig at apnic.net
p: +61 7 3858 3152
m: +61 416 052 022
www.apnic.net
_______________________________________________________

Join the conversation:   https://blog.apnic.net/
_______________________________________________________



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://www.nro.net/pipermail/ianaxfer/attachments/20150109/5f4bc973/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 3565 bytes
Desc: not available
URL: <https://www.nro.net/pipermail/ianaxfer/attachments/20150109/5f4bc973/smime.p7s>


More information about the ianaxfer mailing list