Re: [ga] Independent Review Panel

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

I do not believe this is a good strategy.  The proceeding should not be
adverserial.  And the applicant shouldn't have to pay the decider's fees.  
Also the panelists should be consistent so they gain experience with the
ICANN process, which is often counter-intuitive.

Also, given that the by-laws are subject to california law, the people
selected should primarily be those who have familiarity with it, or with
very similar systems.

Better to try to produce a list of people willing to serve.  No, wait, we
did that.  All that has to be done is to choose from that list and get
going.

Perhaps, then, we should figure out a way to choose an IPR ourselves from
the names already on the table, empanel it, and ask it to open up shop?

The list of nominees is at: http://www.icannwatch.org/article.php?sid=376
It is over-inclusive.  For example, it includes my name, and I asked that
my name be withdrawn since my involvement as an activist would require
recusal too often to make me an effective member of the tribunal.

The action plan would be:

1. debate and discuss a means of selection
2. contact each name on the list to find out if they are interested in
participating in a shadow IPR
3. apply the method in (1)

On Wed, 27 Mar 2002 DannyYounger@cs.com wrote:

> We need to get moving on proposals to constitute the IRP, and to
> submit recommendations to the Evolution and Reform Committee.  One
> possibility is to convene a panel drawn from International Dispute
> Resolution Providers such as:
> 
> Asian Domain Name Dispute Resolution Centre 
> CPR Institute for Dispute Resolution 
> The National Arbitration Forum 
> Federal Mediation and Conciliation Service
> U.K. Centre for Dispute Resolution
> Comisión Interamericana de Arbitraje Comercial 
> The Institute of Arbitrators and Mediators Australia 
> The St Petersburg International Commercial Arbitration Court 
> The Court of Arbitration established within the Italian Association for 
> Arbitration 
> The Danish Institute of Arbitration 
> International Court of Arbitration of the International Chamber of Commerce 
> Commercial Arbitration Centre for the States of the Co-operation Council for 
> the Arab States of the Gulf 
> Kuala Lumpur Regional Centre for Arbitration  
> The Singapore International Arbitration Centre  
> Vietnam International Arbitration Centre at the Chamber of Commerce and 
> Industry of Vietnam  
> The China International Economic and Trade Arbitration Commission 
> Cairo Regional Centre for International Commercial Arbitration  
> Center for Conciliation and Arbitration of Tunis  
> Santiago Arbitration and Mediation Center 
> 
> Is this the direction that we want to take, or are there other suggestions 
> that might be more valid?
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