Changes

Jump to navigation Jump to search
Line 26: Line 26:  
# recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
 
# recognizes that the existence and scope of IGO jurisdictional immunity in any particular situation is a legal issue to be determined by a court of competent jurisdiction.
   −
All 14 individual commentators opposed the development of policy recommendations that would apply specifically to IGOs and domain name disputes when the IGO files a complaint against a domain name registrant. Many worried that the recommendations would harm or reduce registrant rights if they restricted a registrant’s ability to file judicial proceedings against an IGO or compel a registrant to agree to arbitration.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pg 3,  ICANN Files]
+
All 14 individual commentators opposed the development of policy recommendations that would apply specifically to IGOs and domain name disputes when the IGO files a complaint against a domain name registrant. Many worried that the recommendations would harm or reduce registrant rights if they restricted a registrant’s ability to file judicial proceedings against an IGO or compel a registrant to agree to arbitration.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pg 3,  ICANN Files]</ref>
</ref>
     −
IGOS welcomed the team's efforts to clarify IGOs' ability to file a dispute and IGO jurisdictional immunity. However, they were concerned that arbitration would not be recognized as a globally accepted means of resolving disputes. They supported the elimination of the need for IGOs to agree to submit to Mutual Jurisdiction when filing a complaint and arbitration as a default option following a UDRP or URS proceeding.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pg 3, ICANN Files]
+
IGOS welcomed the team's efforts to clarify IGOs' ability to file a dispute and IGO jurisdictional immunity. However, they were concerned that arbitration would not be recognized as a globally accepted means of resolving disputes. They supported the elimination of the need for IGOs to agree to submit to Mutual Jurisdiction when filing a complaint and arbitration as a default option following a UDRP or URS proceeding.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pg 3, ICANN Files]</ref>
   −
Domainers opposed the recommendations, especially the elimination of the Mutual Jurisdiction requirement.
+
Domainers opposed the recommendations, especially the elimination of the Mutual Jurisdiction requirement as it will increase the likelihood that a national court will refuse to assume jurisdiction post-UDRP. They highlighted the need to protect registrant rights and the need for arbitration procedure design to be done during [[PDP|policy development]], not implementation. [[Leap of Faith]] suggested incorporating a “Notice of Objection” process and explained that immunity is a defense to a dispute and thus does not apply when the dispute is initiated by the party seeking to claim immunity. The [[registrar]] [[Namecheap]] recommended that ICANN consider requiring IGOs to waive immunities when asserting rights against [[registrant]]s.
 +
 
 +
The [[GAC]] said that if registrants file court proceedings, then they should not be able to commence arbitration if the court decides not to hear the case based on an IGO’s immunity from its jurisdiction. The [[ALAC]] supported the recommendations to reduce the possibility of fraud and end-user confusion if third parties use domain names identical to IGO identifiers.<ref>[https://itp.cdn.icann.org/en/files/generic-names-supporting-organization-council-gnso-council/public-comment-summary-report-epdp-igo-20dec2021-en.pdf Public Comment Summary Report on Initial Report from the EPDP on Specific Curative Rights Protections for IGOs, pgs 5-6, ICANN Files]</ref>
    
==References==
 
==References==
Bureaucrats, Check users, lookupuser, Administrators, translator
13,230

edits

Navigation menu