Re: [registrars] Due process model

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

To the first question, all disputes between parties to those contracts
*must* be settled in the manner that those clauses layout.

In other words, if any of you really want to get serious and take a registry
to task over transfers, you would have to take Verisign Registry to court,
but w/ Afilias, you must use arbitration to get a decision and only then can
you take it to court to have them enforce the decision.

To the second question, not sure IANAL - I *know* that there are some on
this list however (and some who play them on TV ;)

-rwr

----- Original Message -----
From: "Tom D'Alleva" <tdalleva@bulkregister.com>
To: <registrars@dnso.org>
Sent: Friday, April 26, 2002 1:27 PM
Subject: RE: [registrars] Due process model


> 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
> >
>