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

John Curran jcurran at arin.net
Fri Jan 9 21:22:39 CET 2015


On Jan 9, 2015, at 12:01 PM, Richard Hill <rhill at hill-a.ch> wrote:
> ...
> I am saying (1) that the community should review and take a position on all
> of the language of the new contract and (2) that the details of the
> arbitration clause and the choice of law clause are sufficiently significant
> that they should be included in the current document.
> 
> This is necessary because those elements are signficant, just as are the
> elements that are currently in the document.

How are they significant?  You have still failed to explain why the 
community needs to establish a position more detailed than 'dispute 
resolution via arbitration'

> I think that what you are saying is that you don't see why they are as
> significant as the other elements, so I guess we will have to agree to
> disagree: we have different backgrounds and experience so we may not have
> the same view of what is or is not significant.

You completely misunderstand then, as I have no view on whether they are 
significant or not, nor any position on whether the community should take 
a position more detailed than the one in the present draft.

My only position is that you have failed to explain to the community why 
_it_ must take a more detailed position in the arbitration matter, i.e. 
why it is of such significance that it can not be left to RIRs legal team.

> Not necessarily the details of their legal work, but the actual contract
> language.  In my experience, the business people (in this case the
> community) do read the contract after it is drafted by the laywers.  After
> all, it is often signed by the business people, not by the lawyers.

That's correct, but in this case that would be the actual Regional Internet
Registry and their governing bodies as elected by the community, i.e. the
actual business entities entering into agreement.

> As I said before, I don't expect the CRISP team to do it.  But I would have
> expected them to ask the lawyers to do it, and then to come back and present
> the draft to this group for its evaluation and endorsement.

You mistake the CRISP team for the contractual parties.

FYI,
/John

John Curran
President and CEO
ARIN




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