[Community-Discuss] Binding Arbitration

Paul Hjul hjul.paul at gmail.com
Thu Jun 2 10:07:15 UTC 2022

"Has anyone considered binding arbitration as a means to resolve these various
controversies?  It seems to me that that might be a more cost efficient,
and almost certainly a more time-efficient manner of resolving a number of
outstanding disputes that various parties have with AFRINIC at present.

Andrew is right, of course, to lament the high costs of traditional
legal actions.
But in which instances has AFRINIC initiated those costly legal actions?"

Um I've argued for Afrinic to commit to arbitration since the
inception of the issues. Not sure when you joined team ADR.

Complaining that you are being sued after you committed a tort is a
bit rich. You are sounding like the whining American executives who
are unhappy that Ford was slapped with an injunction in Germany after
they refused to enter into FRAND licensing negotiations knowing full
well that refusing to do so represents intending to infringe on

The party who acts wrongfully and who fails to remedy is responsible
for the litigation that follows.

Afrinic's board knowingly, maliciously and for an alterior motive
moved to cancel a members membership. They did so without following
any of the rules of natural justice.

That is the inescapable and dispositive fact of this fiasco. The
existence in the RSA of a dispute resolution clause is the best way to
guard the organization moving forward and its absence means that even
if the board were to grow up and stop delinquency they wouldn't be
able to ensure that every dispute is now in arbitration. But that is
hardly a reason not to do things correctly moving forward. Of course
much of the litigation would become moot if the board would simply
acknowledge the patently unlawful conduct it engaged in.
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