Members: Flip Petillion, David McAuley, Kavouss Arasteh, Kristina Rosette, Malcolm Hutty, Mike Rodenbaugh, Sam Eisner, Susan Payne
Guests/Observers: Becky Burr, Kate Wallace, Liz Le
ICANN Org: Bernard Turcotte, Brenda Brewer
Apologies:
** If your name is missing from attendance or apology, please send note to mssi-secretariat@icann.org **
Agenda:
- Review agenda and updates to SOIs
- Action items:
- ICANN Legal will review the ICDR Form for Initiation of an IRP and Update
- SP locate and recirculate information regarding ICANN payment of filing fee (see attachments to the two attached emails)
- Second read through of proposal on initiation; discussion on next steps
- Next call 28 February
- AOB
Transcript: PDF
Recording:
Documents:
Zoom Chat Transcript:
11:57:54 From Susan Payne to Everyone:
we will start shortly when we have a few more participants
11:59:53 From Flip Petillion to Everyone:
Good evening everyone
12:00:26 From Flip Petillion to Everyone:
Ok THx
12:01:08 From Susan Payne to Everyone:
again thanks for joining, we will get started shortly I hope
12:15:11 From Kristina Rosette to Everyone:
Apologies for joining late. technical difficulties.
12:24:37 From David McAuley (Verisign) to Everyone:
I could support Kavouss's suggestions
12:32:36 From David McAuley (Verisign) to Everyone:
interesting point about comparisons, Sam
12:36:47 From Sam Eisner - ICANN Org to Everyone:
I think we have a different perspective on the purpose of a filing fee in IRPs than is normally in place for other arbitrations (high enough to mitigate against frivolity (IRP) v. A portion of fees paid to the arbitration provider (general arbitration))
12:38:13 From David McAuley (Verisign) to Everyone:
Speaking of filing fees, at our last meeting I noted my surprise that the filing fee is at the end reimbursed to the claimant. Has this has been the practice in IRPs over time – can our practitioners or ICANN members confirm this. It seems very odd, at least to me.
12:38:22 From Flip Petillion to Everyone:
And portion of ICDR costs to start with, I’d add, Sam
12:39:31 From Flip Petillion to Everyone:
Not odd to reimburse as is in place for IRPs
12:48:35 From Flip Petillion to Everyone:
Yes, David, why not reimburse filing fee if other costs are covered by ICANN as well; except legal fees?
12:52:04 From Flip Petillion to Everyone:
Thx David - I see your point and I think it is covered
12:53:03 From Mike Rodenbaugh to Everyone:
The only cost — paid to any court anywhere I am aware of — involved in an individual case is the filing fee.
12:53:59 From Mike Rodenbaugh to Everyone:
And agree with Flip’s point, if attorney fees are recoverable than obviously filing fees are recoverable — as with any court costs after a court judgment
12:55:53 From Mike Rodenbaugh to Everyone:
We are soon to have a Standing Panel?
12:58:59 From Sam Eisner - ICANN Org to Everyone:
Apologies, but I have to drop. Please let us know if there are additional action items needed from ICANN.
13:04:39 From David McAuley (Verisign) to Everyone:
Given past practice I can go along with this as tweaked and I appreciate the feedback that I got it wrong on reimbursement but cannot help but be amazed that a filing fee meant in part to be a bar to senseless complaints will be paid back and maybe paid back early in the proceedings.
13:10:48 From David McAuley (Verisign) to Everyone:
I thought as Malcolm did on drafting.
13:11:06 From Kavouss Arasteh to Everyone:
I tend to agree with Malcolm
13:11:11 From Mike Rodenbaugh to Everyone:
I also thought as Malcolm and David did.
13:11:42 From Flip Petillion to Everyone:
We are not paid at all …
13:11:43 From Mike Rodenbaugh to Everyone:
@David the fees would not be paid back in frivolous cases
13:12:11 From Flip Petillion to Everyone:
I don’t see why external support should be involved
13:12:24 From David McAuley (Verisign) to Everyone:
Mike, wouldn't they if the fees are moved forward in being paid back?
13:12:30 From Flip Petillion to Everyone:
Why would we need professional advice?
13:14:01 From Mike Rodenbaugh to Everyone:
David, we were talking about reimbursement of filing fees at end of a case, to a prevailing party. If the filing fee is paid by a frivolous party, they cannot be deemed a prevailing party and so would not be reimbursed.
13:14:05 From Flip Petillion to Everyone:
I don’t agree - we have spent time on this - at this point we should be involved in new language; even drafting
13:15:20 From David McAuley (Verisign) to Everyone:
OK Mike. I am a bit perplexed by the filing fee but also see I am pretty much alone in this so probably need to go quiet on it.
13:16:23 From David McAuley (Verisign) to Everyone:
maybe those of us who go to ICANN 76 could try to meet for coffee?
13:17:51 From Mike Rodenbaugh to Everyone:
Agree that we should have an in-person meeting in Cancun
13:17:53 From Flip Petillion to Everyone:
Unfortunately, I’ll not be joining you at ICANN 76
13:18:16 From Kavouss Arasteh to Everyone:
If we find some slot at ICANN 76 we better to meet and discuss face- to face
13:18:19 From Flip Petillion to Everyone:
But i can join over Zoom
13:18:53 From Kavouss Arasteh to Everyone:
yes hybrid as well
13:19:21 From Kristina Rosette to Everyone:
Support David's suggestion, but we (I) need to have a better idea of the next steps after we finish the current work. Will better allow us to work backwards on timing. Can join next ICANN meeting via Zoom.
13:19:32 From David McAuley (Verisign) to Everyone:
we have more to do as IOT after the rules are done
13:20:00 From Flip Petillion to Everyone:
Thx Susan and All
13:20:03 From Bernard Turcotte to Everyone:
bye all
13:20:08 From Kristina Rosette to Everyone:
Thanks, all.
13:20:12 From David McAuley (Verisign) to Everyone:
Thanks Susan, Bernie, Brenda and all
