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Online Dispute Resolution (ODR) procedures

  • To: <gtld-dispute@xxxxxxxxx>
  • Subject: Online Dispute Resolution (ODR) procedures
  • From: "Jeff Aresty" <jaresty@xxxxxxxxxxxxxxxxxxxxxx>
  • Date: Mon, 15 Dec 2008 10:34:45 -0500

Dear Sir/Madam:

 

On behalf of InternetBar.org, as president,  we have reviewed
http://www.icann.org/en/topics/new-gtlds/dispute-resolution-23oct08-en.pdf.
We note that ODR procedures are built in by requiring complaints to be filed
online and that all interactions must take place online, but that the
procedure is unspecific with regard to the process itself; by simply
designating the likely dispute resolution service providers, it is left to
them to organize the online process. As InternetBar has noticed, this can
result in entirely different procedures for each kind of objection (string
confusion, legal rights, morality and public order, community) and/or for
each provider. We recommend that there be some commonality in terms of
filing.  As InternetBar is developing a certification and training procedure
for ODR neutrals in conjunction with the National Center for Technology and
Dispute Resolution, we are encouraging ADR providers to converge on similar
on-line methods;  by incorporating a convergence approach at ICANN, which
could be implemented through a gateway provided by ICANN, both a
harmonization of process and transparency of procedure can be accomplished.
This will further the growth of ODR technology as processes are driven by
systemic needs rather than by the individual ADR providers.   Further, to
promote transparency, InternetBar recommends that these proceedings should
all be public, so ICANN can simply specify a format and publish the material
as it comes in.

 

Sincerely,

 

Jeffrey Aresty, president

InternetBar.org



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