Changes

==Purpose and Process==

==Purpose and Process==

Under the current [[ICANN Bylaws]], IRP is intended to hear and resolve disputes for nine purposes:

Under the current [[ICANN Bylaws]], IRP is intended to hear and resolve disputes for nine purposes:

# Ensure that ICANN does not exceed the scope of its Mission and otherwise complies with its Articles of Incorporation and Bylaws;

# Empower the global Internet community and Claimants to enforce compliance with the Articles of Incorporation and Bylaws through meaningful, affordable and accessible expert review of Covered Actions;

<li> Ensure that ICANN does not exceed the scope of its Mission and otherwise complies with its Articles of Incorporation and Bylaws;

# Ensure that ICANN is accountable to the global Internet community and Claimants;

<li> Empower the global Internet community and Claimants to enforce compliance with the Articles of Incorporation and Bylaws through meaningful, affordable and accessible expert review of Covered Actions;

# Address claims that ICANN has failed to enforce its rights under the [[IANA Naming Function Contract]];

<li> Ensure that ICANN is accountable to the global Internet community and Claimants;

# Provide a mechanism by which direct customers of the IANA naming functions may seek resolution of [[PTI]] service complaints that are not resolved through mediation;

<li> Address claims that ICANN has failed to enforce its rights under the [[IANA Naming Function Contract]];

# Reduce Disputes by creating precedent to guide and inform the Board, Officers, Staff members, Supporting Organizations, Advisory Committees, and the global Internet community in connection with policy development and implementation;

<li> Provide a mechanism by which direct customers of the IANA naming functions may seek resolution of [[PTI]] service complaints that are not resolved through mediation;

# Secure the accessible, transparent, efficient, consistent, coherent, and just resolution of Disputes;

<li> Reduce Disputes by creating precedent to guide and inform the Board, Officers, Staff members, Supporting Organizations, Advisory Committees, and the global Internet community in connection with policy development and implementation;

# Lead to binding, final resolutions consistent with international arbitration norms that are enforceable in any court with proper jurisdiction; and

<li> Secure the accessible, transparent, efficient, consistent, coherent, and just resolution of Disputes;

# Provide a mechanism for the resolution of Disputes, as an alternative to legal action in the civil courts of the United States or other jurisdictions.<ref name="art4">[https://www.icann.org/resources/pages/governance/bylaws-en/#article4 ICANN Bylaws], Article 4.3: Independent Review Process, as amended November 2019</ref>

<li> Lead to binding, final resolutions consistent with international arbitration norms that are enforceable in any court with proper jurisdiction; and

<li> Provide a mechanism for the resolution of Disputes, as an alternative to legal action in the civil courts of the United States or other jurisdictions.<ref name="art4">[https://www.icann.org/resources/pages/governance/bylaws-en/#article4 ICANN Bylaws], Article 4.3: Independent Review Process, as amended November 2019</ref>

===Definitions===

===Definitions===

* ''Covered Actions'' are defined as "any actions or failures to act by or within ICANN committed by the Board, individual Directors, Officers, or Staff members that give rise to a Dispute."

* ''Covered Actions'' are defined as "any actions or failures to act by or within ICANN committed by the Board, individual Directors, Officers, or Staff members that give rise to a Dispute."

** Article 4.3(c) expressly excludes the following types of claims from the scope of the IRP: [[Empowered Community|EC]] challenges to the result(s) of a [[PDP]], unless the Supporting Organization(s) that approved the PDP supports the EC bringing such a challenge; claims relating to [[ccTLD]] delegations and re-delegations; claims relating to Internet numbering resources; and claims relating to protocol parameters.<ref name="art4" /> In other words, the IRP may not be used to appeal or challenge the core functions of ICANN's mission, or undermine bottom-up policy development.

** Article 4.3(c) expressly excludes the following types of claims from the scope of the IRP: [[Empowered Community|EC]] challenges to the result(s) of a [[PDP]], unless the Supporting Organization(s) that approved the PDP supports the EC bringing such a challenge; claims relating to [[ccTLD]] delegations and re-delegations; claims relating to Internet numbering resources; and claims relating to protocol parameters.<ref name="art4" /> In other words, the IRP may not be used to appeal or challenge the core functions of ICANN's mission, or undermine bottom-up policy development.

* The ''Cooperative Engagement Process'' is an optional, preliminary, non-binding process "to resolve and/or narrow the Dispute."

* The ''Cooperative Engagement Process'' is an optional, preliminary, non-binding process "to resolve and/or narrow the Dispute."

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==ICM Registry LLC Request for IRP==

==ICM Registry LLC Request for IRP==