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I4ADA 2019 - Presentation Helen Brown

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See https://i4ada.org for additional information and videorecordings of the presentations held at the Hague Summit for Accountability in the Digital Age

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I4ADA 2019 - Presentation Helen Brown

  1. 1. www.pca-cpa.org Summit on Accountability in the Digital Age: The State of Play Helen Brown PCA Legal Counsel 6 November 2019
  2. 2. The Permanent Court of Arbitration • Intergovernmental organisation that provides dispute resolution services to the international community • Forms of dispute resolution: – Arbitration – Conciliation – Mediation – Litigation • Similar to court process: – Adversarial – Third party decision-maker – Binding decision • Unique aspects: – Consent of both Parties required – Flexible: • Location • Language • Law
  3. 3. Arbitration in the Digital Age: ICANN Internet Corporation for Assigned Names and Numbers Graphic from: cloudflare.com/learning/dns/glossary/what-is-a-domain-name-registrar/
  4. 4. ICANN Dispute Resolution • ICANN has monopoly over domain name issues • Has a “Uniform Domain- Name Dispute-Resolution Policy”: – Requires domain-name disputes to be resolved through arbitration • Example: “Camelicious.com” (EICMP v. Wernery)
  5. 5. Accountability and Access to Justice • Access to Justice • To achieve proper accountability we must consider all kinds of disputes • ICANN example demonstrates how older procedures can be repurposed for the Digital Age

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