DCA Trust Vs ICANN

Industry:	DNS, ICT, Domain, ICDR (AAA)
Founded:	2013
Country:	USA

DCA Trust filed for an Independent Review Process ("IRP ) as a step to resolve its dispute with ICANN over ICANN Board’s decisions and actions taken with regard to DCA Trust's application for the .africa new gTLD. The Notice of IRP came after DCA’s dotAfrica application was not allowed to complete processing to the end of Independent Evaluation (IE) by ICANN as a result of GAC Objection, which DCA stated was “unfair, discriminatory, and lacked appropriate due diligence and care” as well as “anti-competitive”

During ICANN new gTLDs initial evaluation of applications, DotConnectAfrica’s application passed all the evaluation criteria including Financial, Technical and Operational Capability Evaluation Panels. Its application was stopped due to the governmental objections effected at the ICANN Beijing meeting. DCA also requested for a Reconsideration which ICANN denied prompting that organization to begin the Independent Review Process. In January 2014, DotConnectAfrica Trust filed for an independent review of its application.

The ICANN Independent Review Process ("IRP")

The Independent Review Process ("IRP") is one of the accountability review processes set out in the ICANN Bylaws.

In addition to the Office of the Ombudsman and its reconsideration process, ICANN has also established a separate process for independent third-party review of Board actions alleged by an affected party to be inconsistent with ICANN's Articles of Incorporation or Bylaws. For additional information about the independent review process, please refer to ICANN Bylaws Article IV, Section 3. The Bylaws provide that requests for independent review will be referred to an Independent Review Panel ("IRP"). ICANN has designated the International Centre for Dispute Resolution to operate the independent review process.

Applicants initiate a request for Independent Review, by completing the ICDR form . The International Centre for Dispute Resolution (“ICDR”), the international arm of the American Arbitration Association (AAA) provides institutional support for the ICANN IRP process, and the procedure of the IRP will be governed by the ICDR Rules and a set of Supplementary Procedures agreed upon between the ICDR and ICANN to govern IRPs.

IRP Panel Awarded Injunction to DotConnectAfrica Trust (DCA)

DCA Trust won Round one in its case against ICANN for the ".africa" domain. The win resulted from the fact that DCA received an Injunction it requested in its IRP Proceedings in an arbitration process, and the Injunction ruled that "ICANN must immediately refrain from any further processing of any application for .africa until this Panel has heard the merits of DCA’s Trust Notice of Independent Review Process and issued its final decision regarding the same". ICANN had in March 24 2014 proceeded to sign a contract with ZACR who are competitors for the ".africa" string, sparking an outrage that ICANN was continually mistreating DCA Trust.

Panel accepts DCA’s position on procedural framework on .Africa IRP:

The IRP panel on 14 August 2014, issued a Thirty Three (33) Pages ruling to accept DotConnectAfrica’s position on the procedural framework of the IRP proceedings. The Panel has ruled terming its Declaration and the future Declaration on the Merits of the case are binding on ICANN. (ICANN wanted this to be “advisory” and not “binding”. DCA is represented by an international law firm Weil, Gotshal & Manges LLP based in New York while ICANN is represented by a Los Angeles-based Law Firm Jones Day LLC, which has been working with ICANN nearly since its inception.

Media Coverages of the IRP

• ZACR’s dotAfrica application lacked valid endorsements (December 06 2014)
• Africa: Panel Accepts DCA's Position On Procedural Framework On Dotafrica IRP (September 10 2014)
• Panel accepts DCA’s position on procedural framework on DotAfrica IRP (September 10 2014)
• DotConnectAfrica Update: IRP Panel Rules to Accept DCA's Position On Procedural Framework (August 29 2014)
• IRP Panel’s Declaration of the IRP Procedure Panel interprets Declarations as binding on the .Africa IRP, Lectures ICANN on core accountability implications (August 20 2014
• Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case (August 18 2014)
• IRP Panel’s Declaration of the IRP Procedure in the case of DotConnect Africa Trust vs ICANN (August 16 2014)
• DotConnectAfrica schools ICANN in its response to the London GAC Advice – States Don’t accept this advice (August 11 2014)
• Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica (May 14 2014)
• Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case (May 14 2014)
• dotAfrica launch further delayed by DotConnectAfrica injunction (May 13 2014)
• DCA Trust wins first round against ICANN in injunction on DotAfrica domain (May 13 2014)
• DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain (May 13 2014)
• DCA Receives an Injunction It Requested in Its IRP Proceedings (May 13 2014)
• DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel (January 22 2014)
• DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel (January 22 2014)

Independent Review Process

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).