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

Pindar Wong pindar.wong at gmail.com
Fri Jan 9 16:34:23 CET 2015


On Fri, Jan 9, 2015 at 10:37 PM, Craig Ng <craig at apnic.net> wrote:

> 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 “disputes”, 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 … perhaps not with ICANN, but in other
> circumstances.
>
> I'm not sure if I have clarified adequately?
>

Thank you for your very helpful clarification Craig.

I guess my mum was right and I should have become a lawyer ;)

Cheers,

p.


>
> 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/
> _______________________________________________________
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