Members: David McAuley, Flip Petillion, Kurt Pritz, Malcolm Hutty, Mike Rodenbaugh, Sam Eisner, Susan Payne
Guests/Observers: Becky Burr, Kate Wallace, Liz Le
ICANN Org: Bernard Turcotte, Brenda Brewer
Apologies: Greg Shatan
** If your name is missing from attendance or apology, please send note to mssi-secretariat@icann.org **
Agenda:
- Welcome and Introductions
- Review agenda and updates to SOIs
- Review Action items
- Flip volunteered to check how ICDR handles payment of the filing fee: does the claimant receive a proof of payment?
- Close-out on draft final text of Rule 4 for public comment
- Initiation – continuation of plenary discussion on issues relating to initiation – see attached the updated slide deck
- AOB
- Confirmation of next meeting: 18 October
Transcript: PDF
Recording:
Documents:
Zoom Chat Transcript:
13:02:00 From David McAuley (Verisign) to Everyone:
Hello all
13:02:57 From Susan Payne to Everyone:
we are just holding on for a few more participants
13:03:53 From David McAuley (Verisign) to Everyone:
are we still in zoom -
13:04:01 From David McAuley (Verisign) to Everyone:
my screen has gone dark
13:04:21 From Liz Le - ICANN Org to Everyone:
Yes
13:10:46 From David McAuley (Verisign) to Everyone:
I think it is arguable that this ranks among some of the most important work underway in the community.
13:10:51 From becky to Everyone:
Don’t think subgroups are the answer
13:11:01 From David McAuley (Verisign) to Everyone:
fair point, Becky
13:20:16 From Sam Eisner - ICANN Org to Everyone:
I have some information I can provide on public comment processes
13:23:28 From David McAuley (Verisign) to Everyone:
Hi Kurt, welcome
13:24:09 From Kurt Pritz to Everyone:
Sorry for my tardiness - unplanned work obligation
13:25:35 From Flip Petillion to Everyone:
Sorry for being late - Hi everybody
13:31:59 From Sam Eisner - ICANN Org to Everyone:
Here is the targeted Time For Filing public comment: https://www.icann.org/en/public-comment/proceeding/the-independent-review-process-implementation-oversight-team-irp-iot-draft-recommendations-22-06-2018
13:32:03 From David McAuley (Verisign) to Everyone:
I think that makes sense, Susan
13:34:45 From Brenda Brewer - ICANN Org to Everyone:
KL work session recording is posted here; https://community.icann.org/x/YgHVD
13:39:35 From Mike Rodenbaugh to Everyone:
ICANN mentioned many months ago that they were creating an online resource for would-be filers. is there any update?
13:46:23 From Susan Payne to Everyone:
I think higher than that Malcolm - more like $6000 in total in a couple of tranches
13:46:35 From Liz Le - ICANN Org to Everyone:
We intend to update the ICANN IRP page, but our efforts have been challenged by resourcing and bandwidth.
13:50:09 From Flip Petillion to Everyone:
here is a rough first summary:
13:50:27 From Liz Le - ICANN Org to Everyone:
We will get the page updated soon.
13:51:00 From Flip Petillion to Everyone:
Payment of IRP filing fee:
• Amount: USD3,750 as the initial filing fee for nonmonetary claims (cf. ICDR’s International Arbitration Fee Schedule, available at https://www.icdr.org/sites/default/files/document_repository/International-Arbitration-Fee-Schedule.pdf?utm_source=icdr-website&utm_medium=rules-page&utm_campaign=Fees-intl-fee-schedule )
o Possibility to opt for a flexible fee schedule, with a lower initial filing fee, but with a higher amount to be paid in the end)
• Payment occurs when initiating the claim
o On secure portal
o By credit card or eCheck
o Filing fee must be specified
• The date of receipt of the filing fee may occur after the payment instruction and the filing of the request for IRP (usually 1 business day or less)
13:51:11 From Flip Petillion to Everyone:
Payment of Panelist fees:
• ICANN has taken the position that, under the ICANN Bylaws as amended in October 2016, Article IV, Section 4.3(r) should be interpreted to require ICANN to pay the fees of all IRP Panelists, even before a Standing Panel is formed, including the fees that the ICDR paid to the Emergency Panelist.
• This does not affect the ICDR’s filing fees, which will continue to be the responsibility of IRP claimant, according to ICANN
13:51:17 From Flip Petillion to Everyone:
Payment of Court Reporters and document management tools:
• Each party bears its own costs
• Costs of court reporting service offered to Panelists (e.g., live captioning) split among the parties pending proceedings
13:56:31 From Susan Payne to Everyone:
no problem Flip
13:58:49 From Mike Rodenbaugh to Everyone:
$2875 "Final Fee” in addition to the $3750 "Initial Filing Fee”
13:58:59 From Mike Rodenbaugh to Everyone:
US court filing fee is $400
13:59:34 From Mike Rodenbaugh to Everyone:
It should not cost nearly $7k to bring an IRP claim
13:59:34 From David McAuley (Verisign) to Everyone:
it seems ICDR may have more than one schedule - here is what I found: https://www.icdr.org/sites/default/files/document_repository/International-Arbitration-Fee-Schedule.pdf?utm_source=icdr-website&utm_medium=rules-page&utm_campaign=Fees-intl-fee-schedule
13:59:46 From Mike Rodenbaugh to Everyone:
That is not a reasonable filing fee
14:02:41 From Mike Rodenbaugh to Everyone:
It also would be normal int'l arbitration practice for both parties to share the cost of the panelists. But the Bylaws put that on ICANN, via a Standing Panel. And says ICANN should pay all administrative fees of the Standing Panel... at minimum that should include the "Final Fee”. And I would argue that $3750 is far too high of an "Initial Filing Fee" given the clear intent of the Bylaws.
14:03:45 From Mike Rodenbaugh to Everyone:
Sorry but I have to ring off to another meeting now.
14:11:58 From David McAuley (Verisign) to Everyone:
My immediate recollection of CCWG discussion is much like Sam's comments just now and I was active in the IRP discussions.
14:15:19 From David McAuley (Verisign) to Everyone:
The CCWG really focused on binding and enforceable decisions.
14:15:20 From Bernard Turcotte to Everyone:
Time check - 15 minutes left in call
14:15:39 From Sam Eisner - ICANN Org to Everyone:
If I recall, we had discussions about the existence of the ICDR when we were discussing the feasibility of other entities moving forward
14:16:05 From Sam Eisner - ICANN Org to Everyone:
And that there was also agreement that for the purposes of the IRP post-transition, the ICDR would remain as teh entity to perform that work
14:18:10 From Susan Payne to Everyone:
it is worth noting B/L s 4.3(m)(I) referring to the IRP Provider
14:18:18 From Susan Payne to Everyone:
on slide 7
14:18:55 From David McAuley (Verisign) to Everyone:
4.3(j) also referes to it
14:19:05 From David McAuley (Verisign) to Everyone:
refers
14:20:11 From David McAuley (Verisign) to Everyone:
11 minutes?
14:20:25 From Susan Payne to Everyone:
sorry - bad maths
14:25:57 From David McAuley (Verisign) to Everyone:
agree it can change but it doesn't seem ICDR is a problem - the existence of an initiation fee sounds to be the problem and I think a reasonable such fee makes great sense
14:26:12 From Flip Petillion to Everyone:
indeed not Susan, no reason to I think
14:27:40 From Sam Eisner - ICANN Org to Everyone:
There is an IRP form, as I understand it
14:28:42 From Flip Petillion to Everyone:
There is - it is very succint
14:29:11 From Flip Petillion to Everyone:
Thanks Susan, let me know if we need to discuss the fees schedule for the next call - Sam, happy to have a call together
14:29:47 From Sam Eisner - ICANN Org to Everyone:
Thanks Flip - Liz and I are happy to work with you on this
14:29:49 From Flip Petillion to Everyone:
More than happy to review the time Susan !! It is prime time for you and almost for me
14:30:14 From David McAuley (Verisign) to Everyone:
Thanks Susan, Bernie, Brenda and all - support different call times to share the inconvenience
14:30:29 From Flip Petillion to Everyone:
Thank you all
14:30:36 From Bernard Turcotte to Everyone:
bye all
