RE: [registrars] Due process model

["Tom D'Alleva" <tdalleva@bulkregister.com>]

For us non-attorneys would someone be willing to explain the following
questions:

1. Are ALL deputes covered by this clause or only domain name disputes?
In other words what about disputes between registrars, registries, or ICANN?
When we were discussing due process I thought it was in the context of
enforcement of ICANN rules and decisions.

2. Explain in layman's terms exactly how binding is the arbitration process.
Can losing parties appeal or file
alternative claims through the courts with any efficacy?

> -----Original Message-----
> From: owner-registrars@dnso.org [mailto:owner-registrars@dnso.org]On
> Behalf Of Ross Wm. Rader
> Sent: Friday, April 26, 2002 12:47 PM
> To: Registrars@Dnso. Org
> Subject: [registrars] Due process model
>
>
> >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
>