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Line 75: − + − + − + − On June 6, 2008, ICM Registry LLC, a company based in Florida which was established to apply and serve as the [[.xxx]] [[sTLD|sponsored top level domain name]] (sTLD) manager filed a request for independent review of Board actions after the ICANN Board rejected its application in March, 2007. The company claimed that ICANN's decision to reject ICM's application were "arbitrary, lacking in transparency and discriminatory," 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.<ref>[http://www.icann.org/en/irp/icm-v-icann/icm-irp-request-06jun08.pdf ICM Registry LLC v. ICANN]</ref>+ − + − 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 had been open, transparent and in good faith." In addition, ICANN reasoned that its Bylaws required the Board to consider the opinion of the [[GAC|Governmental Advisory Committee]] (GAC). In the case of .xxx TLD, ICM knew that the string was highly controversial and the 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 on the strong recommendation of the Independent Evaluation Panel to deny its application because it did not meet the sponsorship criteria for the application process.<ref>+ − + − + − On February 18, 2010, the IRP declared that ICM Registry met the required sponsorship criteria for the .xxx sTLD application process, and that 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).<ref>+ − [http://www.icann.org/en/irp/icm-v-icann/irp-panel-declaration-19feb10-en.pdf Declaration of the Independent Review Panel]</ref>+ + + + + − ==Manwin Request for IRP==+ − 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 fell short of addressing important issues such as competition, consumer protection, malicious abuse and rights protection prior to its approval of the .xxx TLD. 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.<ref>+ − + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
→Previous and Current IRPs
==Overview==
==Overview==
The IRP provides a means for claimants to bring their dispute with ICANN to a third party arbiter. It is an arbitration mechanism that seeks to establish precedent and predictability of interpretation of ICANN policy and principles, as well as create an alternative forum for resolving disputes.
The IRP provides a means for claimants to bring their dispute with ICANN to a third party arbiter. It is an arbitration mechanism that seeks to establish precedent and predictability of interpretation of ICANN policy and principles, as well as create an alternative forum for resolving disputes. The decision rendered in an IRP is intended to be a final and binding resolution of all the issues raised by the claimant.
==Background==
==Background==
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 of 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.<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 documents were publicly discussed at [[ICANN 02 - Berlin|ICANN 2]] in May 1999. After deliberations, the ICANN Board accepted the draft principles and the Advisory Committee was instructed to complete its task.
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 of 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.<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 documents were publicly discussed at [[ICANN 02 - Berlin|ICANN 2]] in May 1999. After deliberations, the ICANN Board accepted the draft principles and the Advisory Committee was instructed to complete its task.
[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 published the document for public comment, and accepted it at [[ICANN 3 - Santiago|ICANN 3]] in August 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 published the document for public comment and accepted it at [[ICANN 3 - Santiago|ICANN 3]] in August 1999.<ref>[http://www.icann.org/en/minutes/minutes-26aug99.htm#independentreview ICANN Minutes of Meeting August 26, 1999]</ref>
During [[ICANN 5 - Cairo|ICANN 5]],, 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>
During [[ICANN 5 - Cairo|ICANN 5]], 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 ICANN 5 Archive - 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 would comprise the Independent Review Panel.<ref>[http://www.icann.org/en/committees/indreview/nomcom.htm Independent Review Panel Nominating Committee]</ref> The initial members of the IRP Nominating Committee included:<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 ICANN 5 Archive - 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 would comprise the Independent Review Panel.<ref>[http://www.icann.org/en/committees/indreview/nomcom.htm Independent Review Panel Nominating Committee]</ref> The initial members of the IRP Nominating Committee included:<ref>[http://www.icann.org/en/committees/indreview/nomcom.htm Independent Review Panel Nominating Committee]</ref>
* [[Tim Berners-Lee]]
* [[Tim Berners-Lee]]
* The ''IRP Panel'' is a three-member panel appointed to preside over and make findings and decisions regarding a Dispute.
* The ''IRP Panel'' is a three-member panel appointed to preside over and make findings and decisions regarding a Dispute.
* The ''IRP Provider'' is the "well-respected international dispute resolution provider" that administers proceedings under the IRP. The current IRP Provider is the [[International Centre for Dispute Resolution]] (ICDR).<ref>[https://www.icdr.org/icann ICDR.org - ICANN Programs]</ref>
* The ''IRP Provider'' is the "well-respected international dispute resolution provider" that administers proceedings under the IRP. The current IRP Provider is the [[International Centre for Dispute Resolution]] (ICDR).<ref>[https://www.icdr.org/icann ICDR.org - ICANN Programs]</ref>
===Procedure===
An IRP follows the rules established by the ICDR for international arbitrations<ref name="icdrarb">[https://icdr.org/sites/default/files/document_repository/ICDR_Rules_1.pdf ICDR Rules], International Arbitrations (PDF)</ref> and the interim supplementary procedures for ICANN's IRP drafted by the IRP-IOT.<ref name="intproc">[https://icdr.org/sites/default/files/document_repository/Interim_Supplementary_Procedures_ICANN_Independent_Review_Process.pdf ICDR.org - Interim Supplementary Procedures for ICANN IRP] (PDF)</ref>
* The supplementary procedures set a time limit on filing a Dispute. The Claimant must submit a written statement of a Dispute within 120 days after they become aware of the material effect of the action or inaction giving rise to the Dispute. This permits some tolling of the time limit based on when the Claimant "becomes aware" of the impact of an action or inaction. However, the Claimant must file the statement of the Dispute within 12 months from the date of the action or inaction.<ref name="intproc" /> In addition, all fees must be paid within three days of the filing of the request to initiate the IRP.
* Fees for filing the Dispute vary based on the amount of damages claimed.
** In most cases, the monetary impact of an ICANN Board decision are indeterminate, and in some cases there is no claim for monetary relief. As a result, the initial filing fee will be either $3,750 (nonmonetary claim) or $8,625 (indeterminate monetary claim).<ref name="icdrfees">[https://icdr.org/sites/default/files/document_repository/International-Arbitration-Fee-Schedule.pdf ICDR.org Schedule of Fees], amended and effective October 2017 (PDF)</ref>
** If the case proceeds to the first hearing, a final fee of $2,875 (nonmonetary) or $10,350 (indeterminate) is due prior to the date of the first hearing.<ref name="icdrfees" />
** The supplementary procedures do contain a "prevailing party" provision, allowing the arbitration panel to "shift and provide for the losing party to pay administrative costs and/or fees of the prevailing party." This provision only applies to administrative costs and filing fees submitted to ICDR.<ref name="intproc" />
** Each party is responsible for its own legal costs, except that ICANN shall cover the full cost of an IRP brought by the Empowered Community.<ref name="intproc" /> In the event that the Claimant does not "participate in good faith" in the Cooperative Engagement Process and ICANN is the prevailing party in the IRP, the IRP Panel "shall award to ICANN all reasonable fees and costs incurred by ICANN in the IRP, including legal fees."<ref name="art4" />
* The supplementary procedures require the IRP Panel to "consider accessibility, fairness, and efficiency (both as to time and cost) in its conduct of the IRP."<ref name="intproc" /> They also establish a strong presumption against in-person meetings and witness testimony for hearings related to the dispute. In each case, the IRP Panel may only permit an in-person proceeding or witness testimony if it determines that it is necessary for fairness, necessary for furtherance of the Purposes of the IRP, and that those considerations outweigh the time and financial expense of in-person hearings or witness testimony and cross-examination.<ref name="intproc" />
* The supplementary procedures presume the existence of an IRP Standing Panel, but in the event that the standing panel does not exist at the initiation of the Dispute, the ICDR shall select members of the panel based on its rules.<ref name="intproc" />
==Amendments and Evolution==
==Amendments and Evolution==
As part of the [[IANA Transition]] in 2016, the Bylaws governing the IRP were amended again to implement changes proposed by the [[Cross Community Working Group on Accountability]]. In addition to other details, the amendments established the IRP Implementation Oversight Team (IRP-IOT) to assist in implementing the changes. IRP-IOT and ICANN org initiated a process of recruiting for a Standing Panel for ICDR to draw from when establishing IRP Panels. The effort appeared to fizzle out in 2018.<ref>[https://www.icann.org/resources/pages/updating-irp-2018-01-11-en ICANN.org - Updating the IRP], last updated November 1, 2018</ref> The IRP-IOT was "had difficulties in achieving active participation or quorum with its current membership at regularly scheduled meetings."<ref name="recomp">[https://www.icann.org/resources/board-material/resolutions-2019-11-03-en#1.c Resolutions of the Board] regarding IRP-IOT Recomposition, November 3, 2019</ref> An effort to re-compose the IRP-IOT and gain more traction on its goals and objectives was initiated by the board in November 2019.<ref name="recomp" /> At its meeting in October 2020, the Board Accountability Mechanisms Committee received an "update" on that effort, although few details are available.<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2020-10-14-en ICANN.org - Minutes of BAMC Meeting], October 14, 2020</ref> The BAMC received a similar briefing in April 2021,<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2021-04-16-en ICANN.org - Minutes of BAMC Meeting], April 16, 2021</ref> and again in July 2021.<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2021-07-28-en ICANN.org - Minutes of BAMC Meeting], July 28, 2021</ref> A more substantive discussion occurred at the BAMC meeting of December 8, 2021:
As part of the [[IANA Transition]] in 2016, the Bylaws governing the IRP were amended again to implement changes proposed by the [[Cross Community Working Group on Accountability]]. In addition to other details, the amendments established the IRP Implementation Oversight Team (IRP-IOT) to assist in implementing the changes. IRP-IOT and ICANN org initiated a process of recruiting for a Standing Panel for ICDR to draw from when establishing IRP Panels. The effort appeared to fizzle out in 2018.<ref>[https://www.icann.org/resources/pages/updating-irp-2018-01-11-en ICANN.org - Updating the IRP], last updated November 1, 2018</ref> The IRP-IOT was "had difficulties in achieving active participation or quorum with its current membership at regularly scheduled meetings."<ref name="recomp">[https://www.icann.org/resources/board-material/resolutions-2019-11-03-en#1.c Resolutions of the Board] regarding IRP-IOT Recomposition, November 3, 2019</ref> An effort to re-compose the IRP-IOT and gain more traction on its goals and objectives was initiated by the board in November 2019.<ref name="recomp" /> At its meeting in October 2020, the Board Accountability Mechanisms Committee received an "update" on that effort, although few details are available.<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2020-10-14-en ICANN.org - Minutes of BAMC Meeting], October 14, 2020</ref> The BAMC received a similar briefing in April 2021,<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2021-04-16-en ICANN.org - Minutes of BAMC Meeting], April 16, 2021</ref> and again in July 2021.<ref>[https://www.icann.org/resources/board-material/minutes-bamc-2021-07-28-en ICANN.org - Minutes of BAMC Meeting], July 28, 2021</ref> A more substantive discussion occurred at the BAMC meeting of December 8, 2021:
<blockquote>The BAMC noted that the IRP-IOT has been focusing its work over the past two years on updating the IRP Supplementary Procedures, and that much of this work has centered on the [rule defining the] time for filing an IRP. The IRP-IOT has also created subgroups to address the remaining areas of the Supplementary Procedures. The BAMC discussed the importance of moving the work on updating the Supplementary Procedures along and asked ICANN org for recommendations on how to move the work along.<refname="bamc21">[https://www.icann.org/resources/board-material/minutes-bamc-2021-12-08-en ICANN.org - Minutes of BAMC Meeting], December 8, 2021</ref></blockquote>
<blockquote>The BAMC noted that the IRP-IOT has been focusing its work over the past two years on updating the IRP Supplementary Procedures, and that much of this work has centered on the [rule defining the] time for filing an IRP. The IRP-IOT has also created subgroups to address the remaining areas of the Supplementary Procedures. The BAMC discussed the importance of moving the work on updating the Supplementary Procedures along and asked ICANN org for recommendations on how to move the work along.<ref name="bamc21">[https://www.icann.org/resources/board-material/minutes-bamc-2021-12-08-en ICANN.org - Minutes of BAMC Meeting], December 8, 2021</ref></blockquote>
The BAMC also noted that the departure of [[Nigel Roberts]] had left a vacant board representative seat on the IRP-IOT. ICANN org was tasked with recommending ways to move the work on IRP Supplementary Procedures along; the BAMC Chair was also instructed to ask the chair of the Board Governance Committee to call for expressions of interest from board members to serve on the BAMC.<ref name="bamc21" />
The BAMC also noted that the departure of [[Nigel Roberts]] had left a vacant board representative seat on the IRP-IOT. ICANN org was tasked with recommending ways to move the work on IRP Supplementary Procedures along; the BAMC Chair was also instructed to ask the chair of the Board Governance Committee to call for expressions of interest from board members to serve on the BAMC.<ref name="bamc21" />
As noted by the BAMC in December 2021, since the reconstruction of the IRP-IOT, there has to date been little effort focused on establishing a standing panel.
As noted by the BAMC in December 2021, since the reconstruction of the IRP-IOT, there has to date been little effort focused on establishing a standing panel.<ref name="bamc21" /> In February 2022, ICANN announced the establishment of the IRP Community Representatives Group, which was created to assist the SOs and ACs in creating a slate of nominees for the Board to consider as the first omnibus standing panel.<ref>[https://www.icann.org/en/announcements/details/icann-community-representatives-chosen-to-nominate-the-irp-omnibus-standing-panel-slate-17-2-2022-en ICANN.org - Community Representatives Chosen to Nominate the IRP Omnibus Standing Panel], February 17, 2022</ref>
==Previous and Current IRPs==
==Previous and Current IRPs==
===ICM Registry LLC Request for IRP===
{| class="wikitable"
|-
! Claimants
! Status
[http://www.icann.org/en/irp/icm-v-icann/icann-response-to-icm-request-08sep08.pdf ICANN Response to ICM Request for IRP]</ref>
! Subject Domain
! Decision
! Dates
|-
| GCCIX, W.L.L.
| open
| [[.gcc]]
|ICANN reported that it is pursuing Board Accountability Mechanisms Committee (BAMC) input with respect to consideration of any further action on GCCIX’s application.<ref>[https://www.icann.org/en/system/files/files/irp-gccix-procedural-order-4-14jul22-en.pdf GCCIX Procedural Order 4, IRP, ICANN Files]</ref>
| June 2021 -
|-
[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn challenges new gTLDs with review demand]</ref>
| [[Namecheap]], Inc.
| closed
| [[.org]], [[.info]], [[.biz]]
| ICANN’s Price Cap Decision was inconsistent with the ICANN Bylaws and Article III of the Articles of Incorporation. Each party shall bear its own legal and expert witness fees and expenses, except that the administrative costs of the ICDR, totaling $13,825.00 and the IRP Panel members’ along with the Emergency Panelist’s fees and expenses, totaling $ 841,894.76 shall be borne entirely by ICANN. Namecheap is the prevailing party; ICANN shall reimburse Namecheap the sum of $58,750.00<ref>[https://www.icann.org/en/system/files/files/irp-namecheap-icann-final-declaration-redacted-23dec22-en.pdf Final Declaration, Namecheap IRP, ICANN Files]</ref>
| February 2020 - December 2022
|-
| [[Fegistry, LLC]], [[Minds + Machines Group Limited]], [[Radix]] Domain Solutions Pte. Ltd., and Domain Ventures Partners PCC Limited
| open<ref>[https://www.icann.org/en/system/files/files/irp-fegistry-et-al-procedural-order-10-04oct22-en.pdf Fegistry et al IRP Procedural Order 10, ICANN Files]</ref>
| [[.hotel]]
|
| December 2019 -
|-
| [[Afilias]] Domains No. 3 Limited
|
| [[.web]]
| Afilias is the prevailing party in relation to the liability portion of its core claims and its Request for Emergency Interim Relief; ICANN acted contrary to its Articles and Bylaws, breaching the Guidebook and Auction Rules through its arrangements with Verisign. However, the Respondent (ICANN) was designated as the prevailing party in regard to all aspects of the Claimant’s requests for relief ''other than'' (a) the request for a declaration that ICANN acted inconsistently with its Articles and Bylaws and (b) the outstanding aspects of the Rule 7 Claim.<ref>[https://www.icann.org/en/system/files/files/irp-afilias-final-declaration-redacted-25may21-en.pdf Final Declaration, Afilias IRP, ICANN Files]</ref> The Panel denied the Claimant’s request to disqualify NDC’s bid for .WEB and proceed with contracting the Registry agreement for .WEB with the Claimant, in exchange for a price to be specified by the Panel and paid by the Claimant.
| November 2018 - August 2022
|-
| [[Amazon]]
| closed
| .amazon
| The Board acted in a manner inconsistent with its Articles, Bylaws and Applicant Guidebook by giving complete deference to the consensus advice of the GAC. It failed to exercise the requisite degree of independent judgment in making its decision. The Board failed to explain its decision. The failure of the GAC to give Amazon an opportunity to submit a written statement of its position to the GAC violated the basic procedural fairness requirements for a constituent body of ICANN. In denying Amazon’s applications, ICANN Board did not violate the Bylaws’ prohibition against disparate treatment. Amazon’s objections to changes made to the Applicant Guidebook are untimely.<ref>[https://www.icann.org/en/system/files/files/irp-amazon-final-declaration-11jul17-en.pdf Final Declaration, Amazon IRP, ICANN Files]</ref>
| March 2016 - July 2017
|-
| [[Commercial Connect]], LLC
| terminated
| [[.shop]]
| The Claimant failed to pay its required share of the funding for the IRP to take place, so the IRP was terminated.<ref>[https://www.icann.org/en/system/files/files/irp-commercial-connect-order-terminating-case-11apr17-en.pdf Order Terminating Case, Commerical Connect IRP, ICANN Files]</ref>
| 10 February 2016 - 11 April 2017
|-
| [[Commercial Connect]], LLC
| closed<ref>[https://www.icann.org/resources/pages/irp-commercial-connect-v-icann-2016-01-28-en Commercial Connect IRP, Resources, ICANN]</ref>
| [[.shop]]
|
| 27 January 2016 - 12 February 2016
|-
| Asia Green IT Systems Bilgisayar San. ve Tic. Ltd. Sti.
| closed
| [[.islam]], [[.halal]]
| Asian Green is the prevailing party; ICANN acted inconsistently with its core values by lacking transparency and placing applications on hold and shall reimburse Asian Green $93,000+<ref>[https://www.icann.org/en/system/files/files/irp-agit-final-declaration-30nov17-en.pdf Final Declaration, AGIT IRP, ICANN Files]</ref>
| 9 December 2015 - 30 November 2017
|-
| [[Afilias]] Limited, BRS Media, Inc. & [[Tin Dale], LLC
| withdrawn<ref>[https://www.icann.org/resources/pages/afilias-brs-tin-llc-v-icann-2015-10-12-en IRP Request Withrawal, Afilias et al IRP, Resources, ICANN]</ref>
| .radio
|
| 5 October 2015 - 31 May 2016
|-
| [[Donuts|Corn Lake]], LLC
|
| [[.charity]]
| the ICANN Board’s 12 October 2014 Decision and Action (as preceded by its February 2014 Decision and Action) is a “decision or action by the Board” that is “inconsistent with the Articles of Incorporation of Bylaws” of ICANN and “materially affected” the Claimant. However, Its ability to do so must be preserved as being in the best interests of the Internet community as a whole. ICANN shall not be responsible for bearing all costs of the proceedings. Instead, pursuant to Article 11 of the Supplementary Rules, the IRP Panel determines that no costs shall be allocated to the Claimant as the prevailing party. Consequently, each Party shall bear its own costs for this IRP Panel proceeding.<ref>[https://www.icann.org/en/system/files/files/irp-corn-lake-final-declaration-17oct16-en.pdf Final Declaration, Corn Lake IRP, ICANN Files]</ref>
| 7 April 2015 - 17 October 2016
|-
| dot Sport Limited
|
| [[.sport]]
| ICANN failed to consider evidence of bias in the Expert Determination, should reconsider its reconsideration decisions, and has to reimburse the claimant<ref>[https://www.icann.org/en/system/files/files/irp-dot-sport-final-declaration-31jan17-en.pdf Final Declaration, Dot Sport IRP, ICANN Files]</ref>
| 24 March 2015 - 31 January 2017
|-
| [[Donuts|Little Birch LLC]] and [[Minds + Machines Group Limited]] & [[Despegar]] Online SRL, Donuts Inc., [[Famous Four Media, Limited]], [[Fegistry, LLC]], and [[Radix]] FZC
|
| [[.eco]], [[.hotel]]
| IRP Request made in relation to the .hotel gTLD by Despegar Online SRL, Donuts Inc., Famous Four Media Limited, Fegistry LLC, and Radix FZC is denied. ICANN was the prevailing party in the .hotel IRP; IRP Request made in relation to .eco gTLD by Little Birch, LLC, and Minds + Machines Group Limited is denied; ICANN as the prevailing party in the .eco IRP. Declares that the fees and expenses of the IRP Panel members, totaling US$113,351.52, and the fees and expenses of the ICDR, totaling US$11,500.00, shall be born as to half by ICANN, and as to the other half collectively by Despegar Online SRL, Donuts Inc., Famous Four Media Limited, Fegistry LLC, Radix FZC, Little Birch, LLC and Minds +Machines Group Limited ("Applicants"). Therefore, ICANN shall reimburse the Applicants collectively the sum of $5,750.00 representing that portion of said fees and expenses in excess of the apportioned costs previously incurred by the Applicants.<ref>[https://www.icann.org/en/system/files/files/irp-despegar-online-et-al-final-declaration-12feb16-en.pdf Final Declaration, Little Birch, Despegar, et al IRP, ICANN Files]</ref>
| 10 March 2015 - 12 February 2016
|-
| Gulf Cooperation Council ([[GCC]])
|
| .persiangulf
| the Claimant [[Gulf Cooperation Council]] (“GCC”) was the prevailing Party. ICANN was inconsistent with the Articles of Incorporation and Bylaws. However, the ICANN Board should take no further action on the ".persiangulf" gTLD application, and in specific not sign the registry agreement with Asia Green. The IRP awarded all costs to the GCC as the prevailing Party.<ref>[https://www.icann.org/en/system/files/files/irp-gcc-final-declaration-costs-15dec16-en.pdf Final Declaration, GCC IRP, ICANN Files]</ref>
| 5 December 2014 - 15 December 2016
|-
| Donuts Inc.
|
| [[.sports]], [[.rugby]]
| ICANN prevailed; [[Donuts]] bore all costs except ICANN's own legal fees.<ref>[https://www.icann.org/en/system/files/files/irp-donuts-final-declaration-05may16-en.pdf Final Declaration, Donuts IRP, ICANN Files]</ref>
| 13 October 2014 - 5 May 2016
|-
| Dot Registry, LLC
|
| [[.inc]], [[.llc]], [[.llp]]
| [[Dot Registry]] is the prevailing party; ICANN Board failed to apply the proper standards in its reconsiderations and acted inconsistently with the AoI and Bylaws and ICANN bore all the costs of the IRP<ref>[https://www.icann.org/en/system/files/files/irp-dot-registry-final-declaration-redacted-29jul16-en.pdf Final Declaration, Dot Registry IRP, ICANN Files]</ref>
| 22 September 2014 - 29 July 2016
|-
| [[Merck & Co. Inc.|Merck]]
|
| .merck, .merckmsd
| ICANN is the prevailing party; Merck bore all costs<ref>[https://www.icann.org/en/system/files/files/irp-merck-final-declaration-11dec15-en.pdf Final Declaration, Merck IRP, ICANN Files]</ref>
| 17 July 2014 - 11 December 2015
|-
| [[Vistaprint Limited]]
|
| [[.webs]]
| ICANN is the prevailing party; however, the IRP costs were split between the parties in a 60% (Vistaprint) / 40%<br />(ICANN) proportion. The IRP recommended that ICANN’s Board exercise its judgment on the question of whether an<br /><br />additional review mechanism is appropriate to re-evaluate the Third Expert’s determination in the Vistaprint SCO<ref>[https://www.icann.org/en/system/files/files/vistaprint-v-icann-final-declaration-09oct15-en.pdf Final Declaration, Vistaprint IRP, ICANN Files]</ref>
| 11 June 2014 - 9 October 2015
|-
| Better Living Management Co, Ltd
| closed<ref>[https://www.icann.org/en/system/files/correspondence/cardenas-venino-to-rodenbaugh-levee-17jul14-en.pdf Letter of Closure, Correspondence, ICANN Files]</ref>
| [[.thai]]
|
| 26 March 2014 - 17 July 2014
|-
| [[.booking|Booking.com]]
|
| [[.hotels]]
| ICANN is the prevailing party; however, the costs were split evenly between the parties and ICANN should consider the string similarity issues raised ahead of the next round of the [[New gTLD Program]]<ref>[https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf Final Declaration, Booking.com IRP, ICANN Files]</ref>
| 18 March 2014 - 3 March 2015
|-
| [[DCA]] Trust
|
| [[.africa]]
| the Board violated ICANN’s Articles of Incorporation, Bylaws, and the Applicant Guidebook by: <br />• Discriminating against DCA and wrongfully assisting the AUC and ZACR to obtain rights to the .AFRICA gTLD;<br />• Failing to apply ICANN’s procedures in a neutral and objective manner, with procedural fairness when it accepted the GAC Objection Advice against DCA; and<br />• Failing to apply its procedures in a neutral and objective manner, with procedural fairness when it approved the BGC’srecommendation not to reconsider the NGPC’s acceptance of the GAC Objection Advice against DCA. DCA is the prevailing party and is entitled to its costs. The IRP recommended that ICANN cease all preparations to delegate the .AFRICA gTLD to ZACR; permit DCA’s application to proceed through the remainder of the new gTLD application process; and compensate DCA for the costs incurred as a result of ICANN’s violations of its Articles of Incorporation, Bylaws, and AGB.<ref>[https://www.icann.org/en/system/files/files/final-declaration-2-redacted-09jul15-en.pdf Final Declaration, DCA Trust IRP, ICANN Files]</ref>
|
|-
| [[Manwin]] Licensing International
| jointly dismissed<ref>[https://www.icann.org/en/system/files/files/joint-letter-dismissal-08may13-en.pdf Letter of Joint Dismissal, Manwin IRP, ICANN Files]</ref>
| .xxx
| settled
| 2011-2013
|-
| ICM
|
| [[.xxx]]
| [[ICM Registry]] is the prevailing party<ref>[https://www.icann.org/en/system/files/files/-panel-declaration-19feb10-en.pdf Final Declaration, ICM IRP, ICANN Files]</ref>
| 2008-2011
|}
==References==
==References==