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051040040 IGO Work Track Team Meeting
Terri Agnew
27:21
https://www.icann.org/resources/pages/expected-standards-2016-06-28-en**Members: reminder, when using chat, please select Panelists and Attendees in order for everyone to see chat.
Berry Cobb
28:34
now back to chop
Berry Cobb
32:04
When the Council transcripts are available, we will share here with the WT.
Jeffrey Neuman
34:02
Basically form over function :)
Jeffrey Neuman
34:41
So long as we can get it done prior to publishing the Initial report :)
Chris Disspain
35:46
correct Jeff and that would be the intenrtion
Berry Cobb
38:40
All good
Steve Chan - ICANN Org
38:43
Nope, all good.
Berry Cobb
39:42
https://docs.google.com/document/d/13gMZKUB0KEo1AP7pb5G_yWWsSRdFDDjgQO2RKEf9Bk8/edit
Mary Wong - ICANN Org
49:59
@Chris, right - since the basic assumption is that arbitration is de novo (i.e. a complete redo), not just a narrow appellate review of the actual panel decision.
BECKHAM Brian
52:35
I seem to have audio issues on my laptop - will dial in
Terri Agnew
52:48
@Brian, please check your mute
Terri Agnew
53:24
@Brian, your audio is connected
Mary Wong - ICANN Org
58:17
@Brian, perhaps just replace the starting word “Since” with something like “Although”?
Berry Cobb
01:00:16
Yes
Steve Chan - ICANN Org
01:00:20
Definitely make sense
Jeffrey Neuman
01:02:28
The words "notice of a filed arbitration" seem very specific. Without knowing who the arbitral tribunal is, I am not sure we should be so specific.
BECKHAM Brian
01:09:22
it is a generic reference to a procedural step Jeff
BECKHAM Brian
01:10:42
@Jeff, what if the UDRP review comes out with a view that there should be internal appeals, and never gets to this question
Terri Agnew
01:11:17
@Alexandra, your audio is choppy
Jeffrey Neuman
01:11:30
Presumably any changes made in the UDRP Phase 2 review will have to consider the impacts it would have on this work (if any).
Terri Agnew
01:11:38
@Alexandra, Please let me know if a dial out on the telephone would be helpful
Terri Agnew
01:12:30
Alexandrea has reconnected, if we want to try her audio again
Jeffrey Neuman
01:13:11
I am sorry about your heart sinking :(
Berry Cobb
01:13:42
Coming in faint again, Chris.
BECKHAM Brian
01:13:43
I think we need to solve this here
Jeffrey Neuman
01:14:03
@Brian - why?
Berry Cobb
01:15:51
Choppy
Terri Agnew
01:16:02
@Chris, so far, computer audio is good
Terri Agnew
01:16:58
Chris is back on telephone audio
BECKHAM Brian
01:18:01
@Jeff, even assuming the UDRP review address this (which is not certain), what do you do in the intervening 2, 3, 4, etc., years?
Jeffrey Neuman
01:19:28
This is not a Work Track to review issues with the ICANN Policy Development Process in general
Jeffrey Neuman
01:20:05
And I am not representing registrants here, but rather the ICANN Policy Development process
Jeffrey Neuman
01:24:49
@David, I could easily make the same types of arguments for trademark owners. For example, there are special issues for common law trademark owners and only certain jurisdictions recognize common law. So, couldn't they make the argument that the parties should mutually agree on a law.
Chris Disspain
01:25:11
David, I’m happy to hear from you..
BECKHAM Brian
01:27:56
Jeff, the UDRP parties are headed to court where that court can address applicable law; here we are looking at arbitration where there may be a vacuum (uncertainty as David says), and so how do we tackle that possibility (thx Mary for your intervention also)
Mary Wong - ICANN Org
01:29:10
Agree with David that building in incentives to agree is a good policy objective (esp versus open-ended possibilities).
Jeffrey Neuman
01:29:37
But Mary, incentives for whom?
Mary Wong - ICANN Org
01:30:18
Incentives to agree on a workable applicable law, assuming that both parties are inclined to agree to arbitration as a first step.
Mary Wong - ICANN Org
01:31:57
As distinct from “incentive to agree to arbitrate”, which is a different question - and I agree there that this would potentially tread on the registrant’s right to refuse arbitration and insist on going to court.
Jeffrey Neuman
01:32:19
I would just ask for us to consider what we are asking already from both sides.
Berry Cobb
01:38:42
@Brian. May I ask that you mark your redlines in the google doc as to maintain a master draft?
BECKHAM Brian
01:41:04
again, @Jeff, it is a generic procedural reference
BECKHAM Brian
01:41:13
"notice"
Chris Disspain
01:41:19
I’m fine with folks amending google doc BUT please tell the list that you have made comments or red lines to google doc
Mary Wong - ICANN Org
01:41:24
“Notice that an arbitration proceeding has been commenced"?
Mary Wong - ICANN Org
01:41:47
Will do
Mary Wong - ICANN Org
01:44:31
Noted, David!
Mary Wong - ICANN Org
01:45:13
I like Mary Berry! Great cakes and recipes :)