[Icp2-review] Arbitration clause

[Andrew McGill]

Hey,

Reviewing the comments and feedback and what I can see of the ICP-2 principles, I notice that there is no requirement that a RIR submit to dispute resolution by binding arbitration / mediation, for disputes between the RIR and NRO, or ICANN, or a rival RIR.   While the relationship between the organisations can easily become adversarial, there should be provisions that such problems are resolved in an specific fashion, rather than throwing the door open to the whims of various countries' legal systems.

Some of the feedback is searching to assign the proper role and weight to ICANN, with the hope that ICANN can act as a competent and impartial arbiter.  It should be possible to give qualifications for the arbiter, and the existence of principles for arbitration should make the task relatively straightforward.

It is certain that any action against captured RIR will result in multiple rounds of litigation.  I expect that courts will generally refer matters for arbitration, if arbitration is part of a legal agreement.

&:-)


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