[EURO-Discuss] WG: [ALAC-Announce] Decision of International Chamber of Commerce on ALAC objections to .HEALTH

Mon Jan 20 23:47:18 UTC 2014

Just FYI - with regards,
Wolf


Olivier MJ Crepin-Leblond sent Mon, 20 Jan 2014 22:30:
>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
>
> 
>
> 
>
>
>

EuroDIG Secretariat
http://www.eurodig.org/
mobile +41 79 204 83 87
Skype: Wolf-Ludwig

EURALO - ICANN's Regional At-Large Organisation
http://euralo.org

Profile on LinkedIn
http://ch.linkedin.com/in/wolfludwig
-------------- next part --------------
A non-text attachment was scrubbed...
Name: EXP_505_ICANN_122_Expert	 Determination.pdf
Type: application/pdf
Size: 574370 bytes
Desc: not available
URL: <http://atlarge-lists.icann.org/pipermail/euro-discuss/attachments/20140121/84a81a06/EXP_505_ICANN_122_ExpertDetermination-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: EXP_504_ICANN_121_Expert	 Determination.pdf
Type: application/pdf
Size: 384001 bytes
Desc: not available
URL: <http://atlarge-lists.icann.org/pipermail/euro-discuss/attachments/20140121/84a81a06/EXP_504_ICANN_121_ExpertDetermination-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Evaluation Form_Experts_new gTLD	 cases.doc
Type: application/msword
Size: 73728 bytes
Desc: not available
URL: <http://atlarge-lists.icann.org/pipermail/euro-discuss/attachments/20140121/84a81a06/EvaluationForm_Experts_newgTLDcases-0001.doc>