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- To: michel@xxxxxxxxx
- From: "naval bhatia" <navalb@xxxxxxxxxxx>
- Date: Sun, 13 Apr 2003 08:54:27 +0000
<html><div style='background-color:'><DIV> </DIV>
<DIV>
<P class=MsoNormal>Sir,</P>
<P class=MsoNormal>This is in reference to earlier communication sent to me by
Learned Mr. <SPAN style="FONT-FAMILY: Verdana; FONT-SIZE: 10pt">Denise Michel
wherein my consent to become member</SPAN> of Nominating committee was not
accepted. However I was advised to participate in position for ALAC Committee .
The<SPAN style="mso-spacerun: yes"> </SPAN>following is the text of
communication </P>
<P class=MsoNormal>?<B><U><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE:
10pt">We would like to encourage you to consider the other potential avenues
to<BR>becoming involved in ICANN, including as:<BR><BR>- a Director on ICANN's
Board appointed by the Nominating Committee;<BR>- a member of the GNSO Council
appointed by the Nominating Committee;<BR>- an Interim ALAC member appointed by
the Nominating Committee;<BR>- an organizer of an At-Large Structure, which
will involve individual<BR>Internet users at the local or issue level;<BR>- an
organizer, in cooperation with the members of At-Large Structures in<BR>your
geographic area, of a Regional At-Large Organization, which will be the<BR>main
forum and coordination point in each region for public input to
ICANN;<BR>and<BR>- an ongoing participant in the activities of the ALAC and the
At-Large<BR>community<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" /><o:p></o:p></SPAN></U></B></P>
<P class=MsoNormal><B><U><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE:
10pt"> <o:p></o:p></SPAN></U></B></P>
<P class=MsoNormal><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE:
10pt">Subsequently vide another Email I was advised to send ? STATEMENT OF
INTEREST? FOR A POSITION AS MEMBER OF ALAC which I am submitting as
under<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE:
10pt"> <o:p></o:p></SPAN></P>
<P class=MsoNormal>?<SPAN style="FONT-FAMILY: Verdana; FONT-SIZE: 10pt">1.I am
a practicing lawyer and have been CEO of first Indian portal
<BR>www.waqalatarbitration.com offering online and offline dispute
<BR>resolution. I am well versed with the Internet as well as posses the
<BR>required legal skills to understand the legal implications of the
<BR>policies followed by ICANN. I believe in the ICANN goal that everyone
<BR>who is concerned with the Internet must have an equal say as to how the
<BR>Internet business should be conducted. ICANN has indeed guided the
<BR>entire IP address system, the domain name system and most importantly
<BR>also the Internet Domain Name Dispute Resolution Process. Being a
<BR>practicing lawyer, I am also fully aware of the legal rights and duties
<BR>that are inherent with the system especially those pertaining to IP
<BR>rights and enforceability of these rights. <BR><BR>However, I belong to a
developing country, namely India and there are <!
BR>several issues that have remain unanswered in the UDRP policy currently
<BR>followed by ICANN, especially pertaining to the developing
<BR>countries/third world countries/ South Asian Countries. The Domain Name
<BR>system, UDRP etc present a vivid and complex array of technical,
<BR>commercial and legal cross border issues and questions that should be
<BR>addressed on priority basis. Such policy decisions are required
<BR>especially pertaining to ccTLDs, which will not only allow the ease in
<BR>registration and domain name dispute resolution, but also will increase
<BR>the confidence of the developing countries in ICANN, UDRP and DNS. <BR>I
would like to be a part of the ALAC team so that I am able to advise on various
issues pertaining to UDRP, THE SHORT COMMINGS AND REQUIRED AMENDMENTS AND CITS
CONFLICTS WITH LOCAL LAWS OF DIFFERENT COUNTRIES.<o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE:
10pt"> <o:p></o:p></SPAN></P>
<P class=MsoNormal><SPAN style="FONT-FAMILY: Verdana; FONT-SIZE: 10pt">2. I
have deeply studied the domain name system and the UDRP followed <BR>by ICANN,
and as CEO of Waqalat Arbitration Center, I applied to ICANN <BR>for approval
of our Center as an Approved Service Provider for Domain <BR>Name Dispute
Resolution. Further I took up the matter of domain name <BR>dispute resolution
with the International Center for Alternate Dispute <BR>Resolution, funded by
Govt. of India (which is now a strategic partner <BR>of Waqalat Arbitration
Center) and created a general awareness about <BR>ICANN and the UDRP by
organizing meetings and group discussions. The <BR>application of Waqalat
Arbitration is pending before ICANN. And on <BR>instructions of ICANN, Waqalat
Arbitration Center has also approached <BR>Asian Domain Name Dispute Resolution
Center (ADNDRC)for tie-up. The <BR>final decision shall be taken soon in this
regard.<BR><BR>It is true that in India, even though the agreement!
with the Domain <BR>Name Registrar provides for a dispute resolution by UDRP,
there are few <BR>takers for the same. The reason being that all the service
providers <BR>are located in the Western World and the cost of online dispute
<BR>resolution is extremely high. The only recourse left with the affected
<BR>person is to go to the already over burdened courts. Similar situation
<BR>exists in the neighboring South Asian Countries. There are also some
<BR>legal issues involved regarding the UDRP policy and its applicability
<BR>and enforceability in relation to South Asian Countries. I have put
<BR>across my views a couple of times when I attended the ICANN meetings
<BR>and the delegates of other countries have endorsed the same. There are
<BR>certain provisions in the law, which frustrates the goal of UDRP, and I
<BR>believe that the UDRP requires a reform, especially in relation to its
<BR>applicability in the South Asian Countries. I have full faith in the
<BR>UDRP and t!
he goals of ICANN and would like to contribute my experience <BR>and expertise
for the furtherance of these goals. <BR><BR>3. I have been a supporter of At
Large group and have attended ICANN <BR>meetings at Shanghai, China and at
Marina del Rey. I have put across <BR>numerous suggestions and have
participated in various discussions in <BR>order to provide valuable
contribution to the ICANN processes and <BR>procedures.<BR> <BR>For
developing countries, the reform of ICANN is an important issue <BR>because it
gives us a renewed opportunity to engage in the ICANN <BR>process, either
directly or through their regional ccTLD organisations <BR>so that our
perspectives, requirements and international diversity are <BR>duly taken into
account.<BR><BR>Regards,<BR>Naval Bhatia<BR><BR style="mso-special-character:
line-break"><BR style="mso-special-character:
line-break"></SPAN></P></DIV></div><br clear=all><hr>Find a partner. For life.
<a href="http://g.msn.com/8HMTENIN/2743";>M!
eet@xxxxxxxxxx</a> </html>
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