26 November 2014

Donuts Alleges ICANN Board Breached Its Own Bylaws and Articles

Today on Domain Mondo is a post "Former ICANN CSO Kurt Pritz says ICANN Violated Its Own Policies" about the IRP (Independent Review Process) Donuts Inc vs ICANN filed before the International Centre for Dispute Resolution in regard to applications for new gTLDs (new generic Top-Level Domains) .SPORTS, .SKI and .RUGBY. Donuts Inc., subsidiaries applied for 307 new gTLDs, including .SPORTS, .SKI and .RUGBY, which at an applicant fee of $185,000 per new gTLD means Donuts has an "upfront" new gTLD investment of $56,795,000 in ICANN applicant fees alone.

ExpVC.com has added a link on its web page footer (below) "ICANN Independent Review Process Documents" to allow readers a link to the ICANN web page that provides information about the Donuts Inc., IRP, and all other pending Independent Review Processes.

The IRP filed by Donuts Inc., is of particular interest, as the allegations made in the Request for Independent Review Process by Donuts Inc., are both extensive and serious. Donuts Inc., alleges in its Request for IRP that ICANNby and through its Board of Directors ("the Board"), has breached its own Bylaws, Articles and other ICANN governing principles:

"“[T]he powers of ICANN shall be exercised by … the Board.” App. A Art. II § 1. The entire new gTLD program emanates from the Board’s exercise of that power. In June 2008, the Board adopted GNSO policy recommendations for a new gTLD program... The Board Allowed Decisions on .SPORTS and .SKI to Result from Conflicts… The Board Failed in All Three Case to Exercise Independent Judgment to Ensure Consistent Application of Documented Governing Policies, Violating the Bylaws and Articles in a Number of Ways… The Board failed to “inform” community objection panels sufficiently for them to apply “documented policies” appropriately… The Board has failed to make divergent results consistent with “documented policies,” resulting in “disparate treatment.”… Inconsistent application of “documented policies” contravenes applicable law… the Board has breached the covenant of good faith and fair dealing in contravention of “local” law and the Articles… The Board Must but Has Failed to Act with Accountability and for the Benefit of the Internet Community As a Whole… The subject objection rulings go against key provisions of the Bylaws, Articles, Guidebook and other principles on which ICANN and its new gTLD program rest.  The Board has neglected to assure consistent application of Guidebook rules, implement an appeals process or otherwise correct decisions that fail to apply documented policies, despite Donuts’ significant investment in reliance upon such rules and their  predictability.  This Panel should direct the Board to reinstate Donuts’ three applications and either (i) reverse the objection rulings or (ii) vacate them and appoint properly trained panels to rehear the objections as to those TLDs." (source: Request for Independent Review Process by Donuts Inc.)

Follow the Donuts Inc. IRP, and other IRPs, through the link provided on the footer of the expvc.com web page.

more news links below (on mobile go to web version link below)

expVC.com Domain Name News Archive

expVC.com on Twitter