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DCA Trust Vs ICANN

Revision as of 07:25, 16 July 2015 by Consult (talk | contribs) (Final ruling update)
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.[1]

The ICANN Independent Review Process ("IRP") edit

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. [2] 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 [3]. 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) edit

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.[4][5][6][7][8][9]

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

The IRP panel on 14 August 2014, issued a Thirty Three (33) Pages ruling[10] 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.[11] [12] [13] [14][15]

The IRP Panel on March 24 2015 declined several other key requests by ICANN to roll back its August 2014 declarations under the newly constituted panel.[16] [17] In the case of hearing witnesses[18], the IRP Panel made a declaration to require all the witnesses to testify in final hearing [19] [20][21] [22] [23][24]

DCA Trust Prevails in IRP Panel’s Final Declaration: edit

On July 9 2015 The distinguished IRP panel made its final ruling which declared DotConnectAfrica as the prevailing party of the DCA Trust Vs ICANN IRP.[25]

The panel made the following concluding declarations

148 Based on the foregoing, after having carefully reviewed the Parties’ written submissions, listened to the testimony of the three witness, listened to the oral submissions of the Parties in various telephone conference calls and at the in-person hearing of this IRP in Washington, D.C. on 22 and 23 May 2015, and finally after much deliberation, pursuant to Article IV, Section 3, paragraph 11 (c) of ICANN’s Bylaws, the Panel declares that both the actions and inactions of the Board with respect to the application of DCA Trust relating to the .AFRICA gTLD were inconsistent with the Articles of Incorporation and Bylaws of ICANN.

149 Furthermore, pursuant to Article IV, Section 3, paragraph 11 (d) of ICANN’s Bylaws, the Panel recommends that ICANN continue to refrain from delegating the .AFRICA gTLD and permit DCA Trust’s application to proceed through the remainder of the new gTLD application process.

150 The Panel declares DCA Trust to be the prevailing party in this IRP and further declares that ICANN is to bear, pursuant to Article IV, Section 3, paragraph 18 of the Bylaws, Article 11 of Supplementary Procedures and Article 31 of the ICDR Rules, the totality of the costs of this IRP and the totality of the costs of the IRP Provider. [26][27][28] [29][30][31][32][33][34]

Media Coverages of the IRP edit

  • ZACR’s dotAfrica application lacked valid endorsements (December 06 2014)[35]
  • Africa: Panel Accepts DCA's Position On Procedural Framework On Dotafrica IRP (September 10 2014)[12]
  • Panel accepts DCA’s position on procedural framework on DotAfrica IRP (September 10 2014) [11]
  • DotConnectAfrica Update: IRP Panel Rules to Accept DCA's Position On Procedural Framework (August 29 2014) [15]
  • 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[14]
  • Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case (August 18 2014) [36]
  • IRP Panel’s Declaration of the IRP Procedure in the case of DotConnect Africa Trust vs ICANN (August 16 2014)[13]
  • DotConnectAfrica schools ICANN in its response to the London GAC Advice – States Don’t accept this advice (August 11 2014)[37]
  • Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica (May 14 2014)[9]
  • Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case (May 14 2014)[7]
  • dotAfrica launch further delayed by DotConnectAfrica injunction (May 13 2014)[5]
  • DCA Trust wins first round against ICANN in injunction on DotAfrica domain (May 13 2014) [4]
  • DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain (May 13 2014) [8]
  • DCA Receives an Injunction It Requested in Its IRP Proceedings (May 13 2014)[6]
  • DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel (January 22 2014)[38]
  • DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel (January 22 2014)[39]

References edit

  1. ↑ DCA Trust V ICANN
  2. ↑ ICANN Bylaws Article IV, Section 3
  3. ↑ ICDR form
  4. ↑ 4.0 4.1 DCA Trust wins first round against ICANN in injunction on DotAfrica domain
  5. ↑ 5.0 5.1 dotAfrica launch further delayed by DotConnectAfrica injunction
  6. ↑ 6.0 6.1 DCA Receives an Injunction It Requested in Its IRP Proceedings
  7. ↑ 7.0 7.1 Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case
  8. ↑ 8.0 8.1 DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain
  9. ↑ 9.0 9.1 Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica
  10. ↑ IRP Panel’s Declaration of the IRP Procedure
  11. ↑ 11.0 11.1 Panel accepts DCA’s position on procedural framework on DotAfrica IRP
  12. ↑ 12.0 12.1 Africa: Panel Accepts DCA's Position On Procedural Framework On Dotafrica IRP
  13. ↑ 13.0 13.1 IRP Panel’s Declaration of the IRP Procedure in the case of DotConnectAfrica Trust vs ICANN
  14. ↑ 14.0 14.1 IRP Panel’s Declaration of the IRP Procedure Panel interprets Declarations as binding on the .Africa IRP, Lectures ICANN on core accountability implications
  15. ↑ 15.0 15.1 DotConnectAfrica Update: IRP Panel Rules to Accept DCA's Position On Procedural Framework
  16. ↑ Letter from ICANN to IRP Panel
  17. ↑ Panel Declaration on the IRP Procedure
  18. ↑ Panel Third Panel Declaration of IRP Procedure
  19. ↑ DCA Wins Again – .Africa IRP Panel declares No revisiting the 2014 ruling: Says Booking.com final declaration is of no consequence
  20. ↑ ICANN wants total control of DNS while breaking its own bylaws to block .africa probe
  21. ↑ ICANN Must Produce Witnesses, insists DCA vs ICANN .africa Tribunal
  22. ↑ IRP Panel in DCA Trust Case Overrules ICANN Bylaws Provision
  23. ↑ .Africa IRP Panel decision over-rules unfairness in #ICANN bylaws that prevents panel from questioning ICANN Witnesses
  24. ↑ New .AFRICA gTLD: ICANN’s witness will not testify!
  25. ↑ IRP Panel’s Final Declaration
  26. ↑ Unredacted: ICANN's hidden role in fierce battle over .Africa rights
  27. ↑ DCA Trust IRP Decision: ICANN Failed the Global Internet Community
  28. ↑ [1]
  29. ↑ ICANN Loses Independent Review Panel Decision For Unfairly Treating TLD Applicant & Improper Deference to Governments
  30. ↑ ICANN loses .Africa case: IRP panel rules in favor of DCA
  31. ↑ DCA Trust wins .africa IRP, ICANN to pay over Kshs 60 million in costs
  32. ↑ Breaking: DotConnectAfrica Trust victorious on its challenge of ICANN Board over .africa
  33. ↑ East Africa: DCA Trust Wins .Africa IRP, ICANN to Pay Over Kshs 60 Million in Costs
  34. ↑ Review Panel Chides ICANN Board, Government Reps
  35. ↑ ZACR’s dotAfrica application lacked valid endorsements
  36. ↑ Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case
  37. ↑ DotConnectAfrica schools ICANN in its response to the London GAC Advice – States Don’t accept this advice
  38. ↑ DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel
  39. ↑ DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel

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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