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CGL Insurance requirement for Registrars

  • To: comments-raa-insurance-15jan15@xxxxxxxxx
  • Subject: CGL Insurance requirement for Registrars
  • From: Calvin Browne <calvin@xxxxxxxxxxxxxxxx>
  • Date: Fri, 13 Mar 2015 13:02:09 +0200

Having recently been involved in this issue, the following comes to mind.

There is a misconception that the required insurance needs to cover the Registrar in every jurisdiction that a Registrant of a potential Registrar may be in.

It seems this stems from:

3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

, taken from the RAA agreement.

However, the above provision only applies to the REGISTRANT and not the REGISTRAR.

There is nothing forcing the REGISTRAR to accede to the Jurisdiction of the REGISTRANT.

Simply applying this in the (non-public) procedures the registrar accreditation staff use to vet applications, and only requiring REGISTRARS to get the requisite insurance for jurisdictions in which they would contract, would go a long way towards allowing more registrars that have previously had issues in this regard.

For informational purposes, a stand alone policy in South Africa of the type required, with non North American jurisdiction (as opposed to liability) is close to the annual Registrar fee payable to ICANN.

These policies, by their nature, usually require court action in any case, before the Registrant may get a payment. As such, they only cover Registrants able to cover the requisite initial court proceedings. Registrants able to finance such action are rarely the ones requiring such action.

regards

--Calvin Browne
  Domain Name Service P/L
  South Africa


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