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Pursuant to September 1999 Agreement between NSI and ICANN, NSI will become an accredited registrar. Suppose NSI decides that they rather stick with their current dispute resolution policy rather than the one ICANN finally adopts? How will ICANN "compel" NSI to abide by the ICANN dispute resolution policy? Surely NSI could not have (and would not have) agreed in the September 1999 Agreement to support any final version of the ICANN dispute resolution policy. As you are well aware, since NSI is the registrar for the vast majority of domain names, their support of the ICANN final dispute resolution policy is essential. Thus, if the ICANN Board approves a final dispute resolution policy that NSI does not support, problems will result. On the other hand, if the ICANN Board "runs the final version of the dispute resolution policy past NSI" before approving it, (even more) questions will be raised about the actions/legality of the ICANN Board. Accordingly, any Uniform Dispute !
Resolution Policy ICANN adopts will be problematic. Before the ICANN Board adopts any "Uniform" Dispute Resolution Policy, I suggest that they consider allowing each of the registrars to set their own Dispute Resolution Policies, or at the least, consider allowing each of the registrars to choose between (a) ICANN final dispute resolution policy or (b) NSI's current dispute resolution policy.
Mark Leventhal, Esquire