CORE comments on specific clauses for public-law corporations
We would request ICANN to take into consideration if any of the proposed clauses could be modified in case of a Public Authority (Government; local authority; International Governmental Organization; other public-law corporations) being the contractual counterpart as a Registry Operator. We are specifically thinking of jurisdiction/ mandatory arbitration, and applicable law clauses.
In certain jurisdictions public-law entities cannot accept any jurisdiction or applicable law other than their own. Having a better sense of ICANN position in this regard would help preparing the adequate legal vehicle for the application and subsequent Registry operations.
Amadeu Abril i Abril CORE Internet Council of Registrars