[ALAC-Announce] Decision of International Chamber of Commerce on ALAC objections to .HEALTH

Mon Jan 20 21:30:15 UTC 2014

Forwarded email from Seth Reiss:

ALAC Members:

On 16 January,  the International Chamber of Commerce (ICC) issued two
decisions authored by ICC panelist Professor Jan Paulsson finding
against the objections that had been lodged by the ALAC pursuant
Attachment to Module 3 of Applicant's Guidebook.  The ALAC had submitted
three objections under the Community Objection ground outlined in Module
3, each against an applicant for the .health string, based in
substantial part upon concerns voiced and information received from the
International Medical Informatics Association (IMIA).   In the case of
one applicant, dot Health Limited, the applicant withdrew its
application prior to the case being decided leaving only two ALAC
objections to be decided. The remaining two cases were consolidated and
decisions issued 16 January 2014. Copies of those decisions are attached.

Professor Paulsson found against ALAC on the issue of standing, as well
as on each of the four criteria, set forth in Subsection 3.5.4 of the
Guidebook, required to sustain an objection on community grounds. The
decisions, which are substantially identical (perhaps appropriate for
consolidated cases) are full of opinions and innuendo, that makes for
good reading but leaves one to wonder how the ALAC could have lodged
objections that had any chance of succeeding, which in turns begs the
question of the Guidebook's purpose in authorizing and funding the ALAC
to lodge objections in the first place.  One commentator,
http://domainnamewire.com/2014/01/17/health-applicants-survive-community-objections/,
suggests that having a geographically diverse three person panel might
have given rise to a more satisfying result.    

Irrespective of the merits, the procedure in this case was less than
transparent and did not achieve the efficiency the Guidebook had
intended.  Some communications did not reach the ALAC in a timely manner
due to misunderstandings on email protocols, the Center continued
applicant response deadlines for various reasons and, most striking,
there was a four month delay between Professor's submission of his draft
opinion to the ICC and the ICC's release of the same.  The procedures
found in the Guidebook set forth strict turnaround times. In the case of
the decision, there was supposed to have been a 45 day turnaround
between the constitution of the panel and issuance of the decision.
 Article 21 (a) of the Procedure, Attachment to Module 3, Applicant's
Guidebook.  In this case, the panel was constituted on 11 July but the
decision was dated 13 January 2014 and released three days later.   The
substantial delay suggests insensitivity on the part of the ICC to the
Guidebook's goal of have swift and efficient dispute resolution
considering that it took four months to "scrutinize" a decision that
only took a bit more than one month to prepare, and considering that the
scrutiny process is primarily intended to address matters of form rather
than substance.

On a more constructive note, the ICC issued evaluation forms with its
determinations, a copy of which is also attached.  It would seem
appropriate that the LAC complete and return the forms, perhaps through
your Objections Follow Up Review Team, but with input  from the ALAC and
its constituents.  Please let us know how you would prefer that your
review team handle input for the evaluation forms.

Set forth below is a summary of the status of all the objections filed
against the .health string, by the ALAC as well as by others.

Seth Reiss

Objections Follow Up Review Team Chair

HEALTH

1-1178-3236

dot Health Limited

Prof. Alain Pellet, Independent Objector

Limited Public Interest

Application Withdrawn

--

--

HEALTH

1-1178-3236

dot Health Limited

ICANN At-Large Advisory Committee (ALAC)

Community

Application Withdrawn

--

--

HEALTH

1-1489-82287

Goose Fest, LLC

Prof. Alain Pellet, Independent Objector

Limited Public Interest

Applicant Prevailed
<http://newgtlds.icann.org/sites/default/files/drsp/23dec13/determination-2-1-1489-82287-en.pdf>

16 December 2013

23 December 2013

HEALTH

1-1489-82287

Goose Fest, LLC

ICANN At-Large Advisory Committee (ALAC)

Community

Applicant Prevailed
<http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1489-82287-en.pdf>

13 January 2014

17 January 2014

HEALTH

1-1684-6394

DotHealth, LLC

Prof. Alain Pellet, Independent Objector

Limited Public Interest

Applicant Prevailed
<http://newgtlds.icann.org/sites/default/files/drsp/23dec13/determination-2-1-1684-6394-en.pdf>

16 December 2013

23 December 2013

HEALTH

1-1684-6394

DotHealth, LLC

ICANN At-Large Advisory Committee (ALAC)

Community

Applicant Prevailed
<http://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1684-6394-en.pdf>

13 January 2014

17 January 2014

HEALTH

1-868-3442

Afilias Limited

Prof. Alain Pellet, Independent Objector

Limited Public Interest

Applicant Prevailed
<http://newgtlds.icann.org/sites/default/files/drsp/15nov13/determination-1-1-868-3442-en.pdf>

6 November 2013

15 November 2013

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