Difference between revisions of "DCA Trust Vs ICANN"

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Applicants initiate a request for Independent Review, by completing the ICDR form <ref>[https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2014402&RevisionSelectionMethod=LatestReleased ICDR form]</ref>.  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.
 
Applicants initiate a request for Independent Review, by completing the ICDR form <ref>[https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2014402&RevisionSelectionMethod=LatestReleased ICDR form]</ref>.  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.
  
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==IRP Panel Awarded Injunction to DotConnectAfrica Trust (DCA)==  
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==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.<ref name="DCAWins1">[http://www.cio.co.ke/news/top-stories/dca-trust-wins-first-round-against-icann-in-injunction-on-dotafrica-domain DCA Trust wins first round against ICANN in injunction on DotAfrica domain]</ref><ref name="DCAWinsh1">[http://www.humanipo.com/news/43884/dotafrica-launch-further-delayed-by-dotconnectafrica-injunction/ dotAfrica launch further delayed by DotConnectAfrica injunction]</ref><ref name="DCAWinsCle1">[http://www.circleid.com/posts/dca_receives_an_injunction_it_requested_in_its_irp_proceedings/ DCA Receives an Injunction It Requested in Its IRP Proceedings]</ref><ref name="DCAWinsdns">[http://domainnewsafrica.com/breaking-dotconnectafrica-wins-dotafrica-injunction-against-icann-in-first-new-gtld-irp-case/ Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case]</ref><ref name="DCAWinsalla">[http://allafrica.com/stories/201405131325.html DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain]</ref><ref name="DCAWinstand">[http://tandaabiashara.com/tribunal-freezes-icann-processing-on-africa-independent-review-panel-rules-in-favor-of-dotconnectafrica/ Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica]</ref>
 
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.<ref name="DCAWins1">[http://www.cio.co.ke/news/top-stories/dca-trust-wins-first-round-against-icann-in-injunction-on-dotafrica-domain DCA Trust wins first round against ICANN in injunction on DotAfrica domain]</ref><ref name="DCAWinsh1">[http://www.humanipo.com/news/43884/dotafrica-launch-further-delayed-by-dotconnectafrica-injunction/ dotAfrica launch further delayed by DotConnectAfrica injunction]</ref><ref name="DCAWinsCle1">[http://www.circleid.com/posts/dca_receives_an_injunction_it_requested_in_its_irp_proceedings/ DCA Receives an Injunction It Requested in Its IRP Proceedings]</ref><ref name="DCAWinsdns">[http://domainnewsafrica.com/breaking-dotconnectafrica-wins-dotafrica-injunction-against-icann-in-first-new-gtld-irp-case/ Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case]</ref><ref name="DCAWinsalla">[http://allafrica.com/stories/201405131325.html DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain]</ref><ref name="DCAWinstand">[http://tandaabiashara.com/tribunal-freezes-icann-processing-on-africa-independent-review-panel-rules-in-favor-of-dotconnectafrica/ Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica]</ref>
  

Revision as of 16:42, 14 July 2015

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")

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)

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:

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]

Media Coverages of the IRP

  • ZACR’s dotAfrica application lacked valid endorsements (December 06 2014)[16]
  • 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) [17]
  • 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)[18]
  • 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)[19]
  • DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel (January 22 2014)[20]

References

  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 DotConnect Africa 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. ↑ ZACR’s dotAfrica application lacked valid endorsements
  17. ↑ Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case
  18. ↑ DotConnectAfrica schools ICANN in its response to the London GAC Advice – States Don’t accept this advice
  19. ↑ DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel
  20. ↑ DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel
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