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'''Independent Review Panel (IRP)''' is a third-party review of Board actions operated by an International arbitration provider appointed. The IRP is in-charge in evaluating and determining if the actions, in-actions, decisions or resolutions made by the [[ICANN Board]] are contrary to the provisions of the Corporation's Articles of Incorporation and/or By-Laws. An IRP is created whenever there is an allegation against the Board  and the complainant requests for an independent review of the action or decision. Article 3, Section IV (Independent Review of Actions) of the ICANN Bylaws mandates the creation of an IRP, which is carried out by [[ICANN]] through its Independent Review Policy established in 2002.<ref>[http://www.icann.org/en/general/archive-bylaws/bylaws-15dec02.htm#IV ICANN Bylaws, Effective as of 15 December 2002]</ref>
'''Independent Review Panel (IRP)''' is a third-party review of Board actions operated by an International arbitration provider appointed. The IRP is in-charge in evaluating and determining if the actions, in-actions, decisions or resolutions made by the [[ICANN Board]] are contrary to the provisions of the Corporation's Articles of Incorporation and/or By-Laws. An IRP is created whenever there is an allegation against the Board  and the complainant requests for an independent review of the action or decision. Article 3, Section IV (Independent Review of Actions) of the ICANN Bylaws mandates the creation of an IRP, which is carried out by [[ICANN]] through its Independent Review Policy established in 2002.<ref>[http://www.icann.org/en/general/archive-bylaws/bylaws-15dec02.htm#IV ICANN Bylaws, Effective as of 15 December 2002]</ref>
==Background==
==Background==
The development of the [[Internal Review Policy]] began in March, 1999. The initial [[ICANN Board]] appointed a 10-member [[Advisory Committee on Independent Review]] in-charge in developing the principles that will serve as structure for the implementation of independent review procedures in compliance with the ICANN Bylaws. On May 7, 1999, the Advisory Committee submitted its interim report with draft principles and addendum for public review and comment. The documents were publicly discussed during the ICANN meetings held in Berlin on May 26-17, 1999. After deliberations, the ICANN Board accepted the draft principles and the Advisory Committee were instructed to complete its task.<ref>[http://www.icann.org/en/committees/indreview/irac-interim-report.htm Interim Report of the Advisory Committee on Independent Review, May 7, 1999]</ref> <ref>
The development of the [[Independent Review Policy]] began in March, 1999. The initial [[ICANN Board]] appointed a 10-member [[Advisory Committee on Independent Review]] in-charge in developing the principles to structure independent review procedures in compliance with the ICANN Bylaws. On May 7, 1999, the Advisory Committee submitted its interim report with draft principles and an addendum for public review and comment. The documents were publicly discussed during the ICANN meetings held in [[ICANN Berlin|Berlin]] in May, 1999. After deliberations, the ICANN Board accepted the draft principles and the Advisory Committee was instructed to complete its task.<ref>[http://www.icann.org/en/committees/indreview/irac-interim-report.htm Interim Report of the Advisory Committee on Independent Review, May 7, 1999]</ref><ref>
[http://www.icann.org/en/minutes/minutes-27may99.htm#iracrecommendations ICANN Minutes of Meeting, May 27, 1999]</ref>
[http://www.icann.org/en/minutes/minutes-27may99.htm#iracrecommendations ICANN Minutes of Meeting, May 27, 1999]</ref>


On August 6, 1999, the Advisory Committee submitted the Final Report: Principles for Independent Review. The ICANN Board introduced the document for public discussion and accepted it during its meeting in Santiago on August 25-26, 1999. <ref>[http://www.icann.org/en/minutes/minutes-26aug99.htm#independentreview ICANN Minutes of Meeting August 26, 1999]</ref>  
On August 6, 1999, the Advisory Committee submitted the Final Report: Principles for Independent Review. The ICANN Board introduced the document for public discussion and accepted it during its meeting in [[ICANN Santiago|Santiago]] in August, 1999.<ref>[http://www.icann.org/en/minutes/minutes-26aug99.htm#independentreview ICANN Minutes of Meeting August 26, 1999]</ref>  


During the ICANN Meeting in Cairo on March 9-10 2000, the ICANN Staff submitted the proposed Independent Review Policy. The policy serves as a guideline on how to implement the principles recommended by the Advisory Committee.<ref>
During the ICANN Meeting in [[ICANN Cairo|Cairo]] held in March, 2000, the ICANN Staff submitted the proposed Independent Review Policy. The policy was a guideline on how to implement the principles recommended by the Advisory Committee.<ref>
[http://www.icann.org/en/meetings/cairo2000/proposed-indreview-policy.htm Proposed Independent Review Policy]</ref> The policy was adopted by the ICANN Board on March 10. An [[Independent Review Panel Nominating Committee]] was delegated to nominate 9 members who will comprise the IRP.<ref>[http://www.icann.org/en/committees/indreview/nomcom.htm Independent Review Panel Nominating Committee]</ref>
[http://www.icann.org/en/meetings/cairo2000/proposed-indreview-policy.htm Proposed Independent Review Policy]</ref> The policy was adopted by the ICANN Board on March 10. An [[Independent Review Panel Nominating Committee]] was delegated to nominate 9 members who will comprise the IRP.<ref>[http://www.icann.org/en/committees/indreview/nomcom.htm Independent Review Panel Nominating Committee]</ref>


On May 7, 2001, the IRP Nominating Committee received an instruction from the Board to seek qualified applicants who will assume the position as members of the IRP within 90 days.<ref>
On May 7, 2001, the IRP Nominating Committee received instructions from the Board to seek qualified applicants for membersship on the IRP within 90 days.<ref>
[http://www.icann.org/en/minutes/prelim-report-07may01.htm#01.50 Special Meeting of the Board Preliminary Report May 7, 2001]</ref> Following the directive, the IRP Nominating Committee issued a call to the internet community to submit nominations on June 26, 2001.<ref>[http://icannwiki.com/index.php?title=IRP&action=edit&section=1 Open Call to the Internet Community For Nominations to the ICANN IRP]</ref> The IRP Nominating Committee was unsuccessful in completing the list of candidates for the IRP Panel on the deadline set by the ICANN Board and requested for an extension. During the ICANN Meeting in Montevideo, the Board approved the request of the IRP Nominating Committee and extended the deadline to submit the list of the candidates for the IRP until October 15, 2001.<ref>[http://www.icann.org/en/minutes/prelim-report-10sep01.htm#ScheduleforIRPNomCom Regular Meeting of the ICANN Board in Montevideo Preliminary Report]</ref> The IRP Nominating Committee was not able to provide a complete list during the extended deadline. Only three members of the committee submitted a list of 9 nominees while the other members did not participate in the process. A report on the status of the committee was submitted during the ICANN Meeting in Accra, Ghana on March 14, 2002. The nine individuals nominated for the IRP Panel include: <ref>[http://www.icann.org/en/meetings/accra/indrev-topic.htm ICANN Accra Meeting Topic: Implementation of Independent Review Policy]</REF>
[http://www.icann.org/en/minutes/prelim-report-07may01.htm#01.50 Special Meeting of the Board Preliminary Report May 7, 2001]</ref> Following the directive, the IRP Nominating Committee issued a call to the Internet community to submit nominations on June 26, 2001.<ref>[http://icannwiki.com/index.php?title=IRP&action=edit&section=1 Open Call to the Internet Community For Nominations to the ICANN IRP]</ref> The IRP Nominating Committee was unsuccessful in completing the list of candidates for the IRP Panel on the deadline set by the ICANN Board and requested an extension. During the ICANN Meeting in Montevideo, the Board approved the request of the IRP Nominating Committee and extended the deadline to submit the list of the candidates for the IRP until October 15, 2001.<ref>[http://www.icann.org/en/minutes/prelim-report-10sep01.htm#ScheduleforIRPNomCom Regular Meeting of the ICANN Board in Montevideo Preliminary Report]</ref> The IRP Nominating Committee was not able to provide a complete list during the extended deadline. Only three members of the committee submitted a list of 9 nominees while the other members did not participate in the process. A report on the status of the committee was submitted during the ICANN Meeting in Accra, Ghana on March 14, 2002. The nine individuals nominated for the IRP Panel included: <ref>[http://www.icann.org/en/meetings/accra/indrev-topic.htm ICANN Accra Meeting Topic: Implementation of Independent Review Policy]</REF>
# [[Zoe Baird]] (US)
# [[Zoe Baird]] (US)
# [[Diane Cabell]] (US)
# [[Diane Cabell]] (US)
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# [[Zheng Chengsi]] (CN)
# [[Zheng Chengsi]] (CN)


On March 14, 2002, the challenge and difficulties faced by the IRP Nominating Committee was referred to Evolution and Reform Committee then chaired by [[Alejandro Pisanty]] with Lyman Chapin, Phil Davidson, Hans Kraaijenbrink, and Nii Quaynor serving as members. The Reform and Evolution Committee was created by the ICANN Board through Resoultion )1:32 to develop a framework for the implementation of reforms on ICANN's structure and procedures.<ref>
On March 14, 2002, the challenge and difficulties faced by the IRP Nominating Committee was referred to Evolution and Reform Committee, then chaired by [[Alejandro Pisanty]] with Lyman Chapin, Phil Davidson, Hans Kraaijenbrink, and Nii Quaynor serving as members. The Reform and Evolution Committee was created by the ICANN Board to develop a framework for the implementation of reforms on ICANN's structure and procedures.<ref>
[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#02.47 ICANN Meeting in Accra Preliminary Report, March 14, 2002]</ref> ICANN adopted its new Bylaws o December 15, 2002. Artcle IV Section 3 of the Bylaws mandates an independent review process without the involvement of an IRP nominating Committee.<ref>
[http://www.icann.org/en/minutes/prelim-report-14mar02.htm#02.47 ICANN Meeting in Accra Preliminary Report, March 14, 2002]</ref> ICANN adopted its new Bylaws on December 15, 2002. Artcle IV Section 3 of the Bylaws mandates an independent review process without the involvement of an IRP Nominating Committee.<ref>
[http://www.icann.org/en/general/archive-bylaws/bylaws-15dec02.htm The New Bylaws Effective as of December 15, 2002]</ref>
[http://www.icann.org/en/general/archive-bylaws/bylaws-15dec02.htm The New Bylaws Effective as of December 15, 2002]</ref>


Revision as of 00:48, 8 September 2012

Independent Review Panel (IRP) is a third-party review of Board actions operated by an International arbitration provider appointed. The IRP is in-charge in evaluating and determining if the actions, in-actions, decisions or resolutions made by the ICANN Board are contrary to the provisions of the Corporation's Articles of Incorporation and/or By-Laws. An IRP is created whenever there is an allegation against the Board and the complainant requests for an independent review of the action or decision. Article 3, Section IV (Independent Review of Actions) of the ICANN Bylaws mandates the creation of an IRP, which is carried out by ICANN through its Independent Review Policy established in 2002.[1]

Background[edit | edit source]

The development of the Independent Review Policy began in March, 1999. The initial ICANN Board appointed a 10-member Advisory Committee on Independent Review in-charge in developing the principles to structure independent review procedures in compliance with the ICANN Bylaws. On May 7, 1999, the Advisory Committee submitted its interim report with draft principles and an addendum for public review and comment. The documents were publicly discussed during the ICANN meetings held in Berlin in May, 1999. After deliberations, the ICANN Board accepted the draft principles and the Advisory Committee was instructed to complete its task.[2][3]

On August 6, 1999, the Advisory Committee submitted the Final Report: Principles for Independent Review. The ICANN Board introduced the document for public discussion and accepted it during its meeting in Santiago in August, 1999.[4]

During the ICANN Meeting in Cairo held in March, 2000, the ICANN Staff submitted the proposed Independent Review Policy. The policy was a guideline on how to implement the principles recommended by the Advisory Committee.[5] The policy was adopted by the ICANN Board on March 10. An Independent Review Panel Nominating Committee was delegated to nominate 9 members who will comprise the IRP.[6]

On May 7, 2001, the IRP Nominating Committee received instructions from the Board to seek qualified applicants for membersship on the IRP within 90 days.[7] Following the directive, the IRP Nominating Committee issued a call to the Internet community to submit nominations on June 26, 2001.[8] The IRP Nominating Committee was unsuccessful in completing the list of candidates for the IRP Panel on the deadline set by the ICANN Board and requested an extension. During the ICANN Meeting in Montevideo, the Board approved the request of the IRP Nominating Committee and extended the deadline to submit the list of the candidates for the IRP until October 15, 2001.[9] The IRP Nominating Committee was not able to provide a complete list during the extended deadline. Only three members of the committee submitted a list of 9 nominees while the other members did not participate in the process. A report on the status of the committee was submitted during the ICANN Meeting in Accra, Ghana on March 14, 2002. The nine individuals nominated for the IRP Panel included: [10]

  1. Zoe Baird (US)
  2. Diane Cabell (US)
  3. Scott Donahey(US)
  4. David Post (US)
  5. Michael Kirby (AU)
  6. Houston Putnam Lowry]] (US)
  7. Margit Brandl (AT)
  8. Henry Perritt (US)
  9. Zheng Chengsi (CN)

On March 14, 2002, the challenge and difficulties faced by the IRP Nominating Committee was referred to Evolution and Reform Committee, then chaired by Alejandro Pisanty with Lyman Chapin, Phil Davidson, Hans Kraaijenbrink, and Nii Quaynor serving as members. The Reform and Evolution Committee was created by the ICANN Board to develop a framework for the implementation of reforms on ICANN's structure and procedures.[11] ICANN adopted its new Bylaws on December 15, 2002. Artcle IV Section 3 of the Bylaws mandates an independent review process without the involvement of an IRP Nominating Committee.[12]

Members of the IRP Nominating Committee[edit | edit source]

The initial members of the IRP Nominating Committee include:[13]

Independent Review of Board Actions[edit | edit source]

Under Article IV Section 3 of the ICANN Bylaws, the internet governing body is mandated to develop a separate process for third-party review of Board actions in the event of accusations that the Board decided in contrast with the organizations Bylaws. Complainants are required to submit a request for an independent review of the action or decision. An Independent Review Panel operated by an international dispute resolution provider will handle the case and determine the merit of the accusations whether ICANN violated its Bylaws in conjunction with the contested action. The selected IRP is required to submit its operating rules and procedures to the ICANN Board for approval. A three-member IRP is allowed as per request of either party. If there is no request for a three-member panel, the dispute will be resolved by a one-member panel. Members of the IRP must follow the conflict of interest policy as stated in the IRP provider's operating rules and procedures.[14]

ICM Registry LLC Request for IRP[edit | edit source]

On June 6, 2008, ICM Registry LLC, a company based in Florida which was established to serve as the .xxx sponsored top level domain name (sTLD) filed a request for independent review of Board actions after the ICANN Board rejected its application on March 2007. The company claimed that ICANN's decision of the RFP and its decision to reject ICM's application were "arbitrary, lacking in transparency and discriminator," a clear violation of the organization's Bylaws. The complaint was filed by ICM to the International Centre for Dispute Resolution (ICDR) whereby the company asked the IRP to invalidate ICANN's decision. In addition, ICM also requested the IRP to declare that the company fulfilled all the requirements set by the RFP, direct ICANN to immediately execute a Registry agreement between ICANN and ICM and require ICANN to pay all the expenses incurred by the company in conjunction with its .xxx application including legal fees.[15]

On September 8, 2008, ICANN responded to the ICM complaint and pointed out that its decision was "consistent with the organization's Mission Statement, Articles of Incorporation and Bylaws and its negotiations with the company has been open, transparent and in good faith." In addition, ICANN reasoned that its Bylaws required the Board to consider the opinion of the Governmental Advisory Committee (GAC). In the case of .xxx TLD, ICM knew that the string was highly controversial and GAC raised its concerns regarding the company's proposal. Those concerns were considered by ICANN in its decision. ICANN also explained that it never asserted any commitment or assured the company regarding the approval of its application. Furthermore, the internet governing body pointed out that it did not base its entire decision based on the strong recommendation of the Independent Evaluation Panel that to deny its application because it did not met the sponsorship criteria for the application process.[16]

On February 18, 2010, the IRP declared that ICM Registry met the required sponsorship criteria for the .xxx sTLD application process thus ICANN did not carry out a fair and objective decision. Pursuant to Article IV, Section 3(12) of the Bylaws, the internet governing body will shoulder the fees and expenses incurred by the ICDR ($4,500) including all the expenses and fees of the IRP ($473,744.91) and reimburse the ICM registry's expenses ($241,372.46).[17]

Manwin Request for IRP[edit | edit source]

Manwin Licensing International, the owner of numerous licenses and trademarks for adult oriented domain names such as YouPorn and xTube filed a request for an Independent Review Panel on November 16, 2011. The company claimed that the ICANN Board fall short in addressing important issues such as competition, consumer protection, malicious abuse and rights protection prior in connection with its approval of the .xxx TLD in favor of ICM Registry. In addition, Manwin alleged that ICANN failed to compel ICM to follow its registry contract and allowed the company to engage in anti-competitive practice and violate IP rights.[18]

On December 2, 2011, ICANN and Manwin. Both parties agreed that ICANN will submit its response statement to the complaint on January 31, 2012 and will nominate their arbitrators on the case. The agreement was made through the International Centre for Dispute Resolution supervised by Giovanna Micheli, LL.M.[19]

References[edit | edit source]

  1. ↑ ICANN Bylaws, Effective as of 15 December 2002
  2. ↑ Interim Report of the Advisory Committee on Independent Review, May 7, 1999
  3. ↑ ICANN Minutes of Meeting, May 27, 1999
  4. ↑ ICANN Minutes of Meeting August 26, 1999
  5. ↑ Proposed Independent Review Policy
  6. ↑ Independent Review Panel Nominating Committee
  7. ↑ Special Meeting of the Board Preliminary Report May 7, 2001
  8. ↑ Open Call to the Internet Community For Nominations to the ICANN IRP
  9. ↑ Regular Meeting of the ICANN Board in Montevideo Preliminary Report
  10. ↑ ICANN Accra Meeting Topic: Implementation of Independent Review Policy
  11. ↑ ICANN Meeting in Accra Preliminary Report, March 14, 2002
  12. ↑ The New Bylaws Effective as of December 15, 2002
  13. ↑ Independent Review Panel Nominating Committee
  14. ↑ Article IV Section 3 of the ICANN Bylaws December 15, 2002
  15. ↑ ICM Registry LLC v. ICANN
  16. ↑ ICANN Response to ICM Request for IRP
  17. ↑ Declaration of the Independent Review Panel
  18. ↑ YouPorn challenges new gTLDs with review demand
  19. ↑ Manwin v. ICANN

Governmental Advisory Committee. Considers and provides advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues (ICANN Bylaws).

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