051040040 IGO Work Track Team Meeting
Julie Bisland - ICANN Org
Please review ICANN Expected Standards of Behavior here: https://www.icann.org/resources/pages/expected-standards-2016-06-28-en
Berry Cobb
Phase 2
Paul McGrady
Thanks Chris. Downstream is fine.
Paul McGrady
From my very late email earlier today which no one should have had time to read: "what happens if a losing Respondent doesn’t agree to voluntary binding arbitration. Will a court case filed anywhere by the losing Respondent pause implementation of the UDRP decision or is the arbitration the only mechanism that does that? If the arbitration is the only mechanism that does that, we should put “ “ around “voluntary” since it would be coercive, not voluntary."
Paul McGrady
I'm less concerned that binding arbitration takes away the right to go to Court - that is what binding arbitration is. My concern is that if the registrant doesn't agree to arbitration, we have taken away any method for them to stay the implementation of the UDRP by seeking relief from a court. That seems like a big take away.
Brian Beckham (WIPO)
(resending to all) Unless I am mistaken Paul, on the last call we had agreed that agreeing to arbitrate would stay the UDRP implementation.
Brian Beckham (WIPO)
[similar question to Chris] @Jay, could you help me understand how that is different from the current situation?
Paul McGrady
sorry. my phone dropped dialing backin
Alexandra Excoffier (OECD)
why force the parties to go to court if they agree to alternative dispute resolution? The registrant retains it's right to go to court and refuse arbitration if they wish
Brian Beckham (WIPO)
I had the same understanding as Paul from our prior calls
Paul McGrady
I can live with any of 1-4 with a preference for not 4.
Alexandra Excoffier (OECD)
I prefer 3 and also that UDRP principles should be applied
Alexandra Excoffier (OECD)
Question, isn't it currently up to the complainant rather than respondent to decide on jurisdiction and up to the court then to decide on applicable law which could be argued by the parties?
Berry Cobb
Brian Beckham (WIPO)
yes, thx, will be good to see the forks in the road and try to bring it together
Steve Chan - ICANN Org
My understanding is the same as Berry’s and the timelines make sense for us.