[registrars] Due process model

["Ross Wm. Rader" <ross@tucows.com>]

From the new gTLD agreements (B,I,N)



8. DISPUTE RESOLUTION

  8.1. Dispute Resolution. Disputes arising under or in connection with this
Agreement, including requests for specific performance, shall be resolved
through binding arbitration conducted as provided in this Section pursuant
to the rules of the International Court of Arbitration of the International
Chamber of Commerce ("ICC"). The arbitration shall be conducted in the
English language and shall occur in the State of Delaware, USA. There shall
be three arbitrators: each party shall choose one arbitrator and, if the two
arbitrators are not able to agree on a third arbitrator, the third shall be
chosen by the ICC. The parties shall bear the costs of the arbitration in
equal shares, subject to the right of the arbitrators to reallocate the
costs in their award as provided in the ICC rules. The parties shall bear
their own attorneys' fees in connection with the arbitration, and the
arbitrators may not reallocate the attorneys' fees in conjunction with their
award. The arbitrators shall render their decision within ninety days of the
initiation of arbitration. Any litigation brought to enforce an arbitration
award shall be brought in the state or federal courts in the State of
Delaware, USA; however, the parties shall also have the right to enforce a
judgment of such a court in any court of competent jurisdiction. For the
purpose of aiding the arbitration and/or preserving the rights of a party
during the pendency of an arbitration, each party shall have the right to
seek temporary or preliminary injunctive relief from the arbitration panel
or a court located in the state or federal courts in the State of Delaware,
USA, which shall not be a waiver of this arbitration agreement.





  Legacy C,N,O Clause...



  6.7. Dispute Resolution; Choice of Law; Venue. The Parties shall attempt
to resolve any disputes between them prior to resorting to litigation. This
Agreement is to be construed in accordance with and governed by the internal
laws of the Commonwealth of Virginia, United States of America without
giving effect to any choice of law rule that would cause the application of
the laws of any jurisdiction other than the internal laws of the
Commonwealth of Virginia to the rights and duties of the Parties. Any legal
action or other legal proceeding relating to this Agreement or the
enforcement of any provision of this Agreement shall be brought or otherwise
commenced in any state or federal court located in the eastern district of
the Commonwealth of Virginia. Each Party to this Agreement expressly and
irrevocably consents and submits to the jurisdiction and venue of each state
and federal court located in the eastern district of the Commonwealth of
Virginia (and each appellate court located in the Commonwealth of Virginia)
in connection with any such legal proceeding.

Thanks,

-rwr

"If we knew what we were doing, it wouldn't be called research, would
it?" -- Albert Einstein

Please review our ICANN Reform Proposal
Realname Keyword: Heathrow Declaration
Old Skool DNS Address: http://www.byte.org/heathrow
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FN:Ross Wm. Rader
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EMAIL;PREF;INTERNET:ross@tucows.com
EMAIL;INTERNET:rwr@tucows.com
REV:20020426T164632Z
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