RE: [gnso-vi-feb10] Competition authorities

["Austin, Scott" <SAustin@xxxxxxxxx>]

Richard:

That question of jurisdiction and competing jurisdictions has been raised 
before, and no answer had been given that I am aware of. It also raises the 
question whether registry and registrar agreements with ICANN will have choice 
of law and exclusive jurisdiction provisions and what parameters exist for 
determining the jurisdictional options to be selected from to fill in the 
blanks in those provisions. For example, because of ICANN's relationship to US 
law is US as controlling law always an option, or are the contracting parties' 
respective nation-states the limit; are party state tribunals a given or is a 
neutral non-US tribunal the default choice for the settlement of disputes, such 
as one that handles international issues (WIPO in Geneva, International courts 
in The Hague and perhaps others in Asia that are better known or more 
acceptable to practioners there). The international aspect of the TLDs may make 
dispute resolution a much greater challenge if remote jurisdictions are asked 
to decide questions that adversely impact one or more of the registry/registrar 
parties' established national economic or political interests. Whether 
recognized political enemies will be forced to use each others registrars to 
establish or maintain a registry which seeks to remain culturally (or legally) 
insulated may also need to be taken into consideration. Perhaps it is 
understood these issues fall within the exceptions in some of the proposals, 
but it would be nice to see that articulated by their proponents.

Scott



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-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On 
Behalf Of Richard Tindal
Sent: Wednesday, April 21, 2010 1:19 AM
To: Avri Doria; Gnso-vi-feb10@xxxxxxxxx
Subject: Re: [gnso-vi-feb10] Competition authorities


Avri,

What would happen if the two national competition authorities made differing 
judgments?

RT


On Apr 20, 2010, at 3:57 PM, Avri Doria wrote:

> 
> 
> On 20 Apr 2010, at 18:17, Michele Neylon :: Blacknight wrote:
> 
>>> 
>>> That said,  I don't know what would stop an applicant from 
>>> incorporating in a jurisdiction where competition authorities are known to 
>>> be extremely liberal, or non-existent.
>> 
>> Which is what anyone who wanted to "game" a system would do.
>> 
> 
> 
> One of the thoughts that I had on that was that since ICANN is incorporated 
> in the US, the US competition authorities would always end up  being 
> consulted as well as any local ones.  
> 
> a.
> 
> 


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