Line 37: |
Line 37: |
| ==Purpose and Process== | | ==Purpose and Process== |
| Under the current [[ICANN Bylaws]], IRP is intended to hear and resolve disputes for nine purposes: | | Under the current [[ICANN Bylaws]], IRP is intended to hear and resolve disputes for nine purposes: |
− | # Ensure that ICANN does not exceed the scope of its Mission and otherwise complies with its Articles of Incorporation and Bylaws;
| + | <ol style="list-style-type:lower-roman"> |
− | # Empower the global Internet community and Claimants to enforce compliance with the Articles of Incorporation and Bylaws through meaningful, affordable and accessible expert review of Covered Actions;
| + | <li> Ensure that ICANN does not exceed the scope of its Mission and otherwise complies with its Articles of Incorporation and Bylaws; |
− | # Ensure that ICANN is accountable to the global Internet community and Claimants;
| + | <li> Empower the global Internet community and Claimants to enforce compliance with the Articles of Incorporation and Bylaws through meaningful, affordable and accessible expert review of Covered Actions; |
− | # Address claims that ICANN has failed to enforce its rights under the [[IANA Naming Function Contract]];
| + | <li> Ensure that ICANN is accountable to the global Internet community and Claimants; |
− | # Provide a mechanism by which direct customers of the IANA naming functions may seek resolution of [[PTI]] service complaints that are not resolved through mediation;
| + | <li> Address claims that ICANN has failed to enforce its rights under the [[IANA Naming Function Contract]]; |
− | # Reduce Disputes by creating precedent to guide and inform the Board, Officers, Staff members, Supporting Organizations, Advisory Committees, and the global Internet community in connection with policy development and implementation;
| + | <li> Provide a mechanism by which direct customers of the IANA naming functions may seek resolution of [[PTI]] service complaints that are not resolved through mediation; |
− | # Secure the accessible, transparent, efficient, consistent, coherent, and just resolution of Disputes;
| + | <li> Reduce Disputes by creating precedent to guide and inform the Board, Officers, Staff members, Supporting Organizations, Advisory Committees, and the global Internet community in connection with policy development and implementation; |
− | # Lead to binding, final resolutions consistent with international arbitration norms that are enforceable in any court with proper jurisdiction; and
| + | <li> Secure the accessible, transparent, efficient, consistent, coherent, and just resolution of Disputes; |
− | # Provide a mechanism for the resolution of Disputes, as an alternative to legal action in the civil courts of the United States or other jurisdictions.<ref name="art4">[https://www.icann.org/resources/pages/governance/bylaws-en/#article4 ICANN Bylaws], Article 4.3: Independent Review Process, as amended November 2019</ref>
| + | <li> Lead to binding, final resolutions consistent with international arbitration norms that are enforceable in any court with proper jurisdiction; and |
| + | <li> Provide a mechanism for the resolution of Disputes, as an alternative to legal action in the civil courts of the United States or other jurisdictions.<ref name="art4">[https://www.icann.org/resources/pages/governance/bylaws-en/#article4 ICANN Bylaws], Article 4.3: Independent Review Process, as amended November 2019</ref> |
| ===Definitions=== | | ===Definitions=== |
| * ''Covered Actions'' are defined as "any actions or failures to act by or within ICANN committed by the Board, individual Directors, Officers, or Staff members that give rise to a Dispute." | | * ''Covered Actions'' are defined as "any actions or failures to act by or within ICANN committed by the Board, individual Directors, Officers, or Staff members that give rise to a Dispute." |
Line 54: |
Line 55: |
| ** Article 4.3(c) expressly excludes the following types of claims from the scope of the IRP: [[Empowered Community|EC]] challenges to the result(s) of a [[PDP]], unless the Supporting Organization(s) that approved the PDP supports the EC bringing such a challenge; claims relating to [[ccTLD]] delegations and re-delegations; claims relating to Internet numbering resources; and claims relating to protocol parameters.<ref name="art4" /> In other words, the IRP may not be used to appeal or challenge the core functions of ICANN's mission, or undermine bottom-up policy development. | | ** Article 4.3(c) expressly excludes the following types of claims from the scope of the IRP: [[Empowered Community|EC]] challenges to the result(s) of a [[PDP]], unless the Supporting Organization(s) that approved the PDP supports the EC bringing such a challenge; claims relating to [[ccTLD]] delegations and re-delegations; claims relating to Internet numbering resources; and claims relating to protocol parameters.<ref name="art4" /> In other words, the IRP may not be used to appeal or challenge the core functions of ICANN's mission, or undermine bottom-up policy development. |
| * The ''Cooperative Engagement Process'' is an optional, preliminary, non-binding process "to resolve and/or narrow the Dispute." | | * The ''Cooperative Engagement Process'' is an optional, preliminary, non-binding process "to resolve and/or narrow the Dispute." |
− | * | + | * |
− | | |
| | | |
| ==ICM Registry LLC Request for IRP== | | ==ICM Registry LLC Request for IRP== |