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==Overview==
==Overview==
The IRP provides a means for claimants to bring their dispute with ICANN to a third party arbiter. It is an arbitration mechanism that seeks to establish precedent and predictability of interpretation of ICANN policy and principles, as well as create an alternative forum for resolving disputes.
The IRP provides a means for claimants to bring their dispute with ICANN to a third party arbiter. It is an arbitration mechanism that seeks to establish precedent and predictability of interpretation of ICANN policy and principles, as well as create an alternative forum for resolving disputes. The decision rendered in an IRP is intended to be a final and binding resolution of all the issues raised by the claimant.
==Background==
==Background==
==Previous and Current IRPs==
==Previous and Current IRPs==
===ICM Registry LLC Request for IRP===
===DCA Trust v. ICANN===
===Manwin Licensing International v. ICANN===
Manwin Licensing International, the owner of numerous licenses and trademarks for adult oriented domain names such as YouPorn and xTube filed a request for an Independent Review Panel on November 16, 2011. The company claimed that the ICANN Board fell short of addressing important issues such as competition, consumer protection, malicious abuse and rights protection prior to its approval of the .xxx TLD. In addition, Manwin alleged that ICANN failed to compel ICM to follow its registry contract and allowed the company to engage in anti-competitive practice and violate IP rights.<ref>
[http://domainincite.com/youporn-challenges-new-gtlds-with-review-demand/ YouPorn challenges new gTLDs with review demand]</ref>
===ICM v. ICANN===
On June 6, 2008, ICM Registry LLC, a company based in Florida which was established to apply and serve as the [[.xxx]] [[sTLD|sponsored top level domain name]] (sTLD) manager filed a request for independent review of Board actions after the ICANN Board rejected its application in March, 2007. The company claimed that ICANN's decision to reject ICM's application were "arbitrary, lacking in transparency and discriminatory," a clear violation of the organization's Bylaws. The complaint was filed by ICM to the International Centre for Dispute Resolution ([[ICDR]]) whereby the company asked the IRP to invalidate ICANN's decision. In addition, ICM also requested the IRP to declare that the company fulfilled all the requirements set by the RFP, direct ICANN to immediately execute a Registry agreement between ICANN and ICM and require ICANN to pay all the expenses incurred by the company in conjunction with its .xxx application including legal fees.<ref>[http://www.icann.org/en/irp/icm-v-icann/icm-irp-request-06jun08.pdf ICM Registry LLC v. ICANN]</ref>
On June 6, 2008, ICM Registry LLC, a company based in Florida which was established to apply and serve as the [[.xxx]] [[sTLD|sponsored top level domain name]] (sTLD) manager filed a request for independent review of Board actions after the ICANN Board rejected its application in March, 2007. The company claimed that ICANN's decision to reject ICM's application were "arbitrary, lacking in transparency and discriminatory," a clear violation of the organization's Bylaws. The complaint was filed by ICM to the International Centre for Dispute Resolution ([[ICDR]]) whereby the company asked the IRP to invalidate ICANN's decision. In addition, ICM also requested the IRP to declare that the company fulfilled all the requirements set by the RFP, direct ICANN to immediately execute a Registry agreement between ICANN and ICM and require ICANN to pay all the expenses incurred by the company in conjunction with its .xxx application including legal fees.<ref>[http://www.icann.org/en/irp/icm-v-icann/icm-irp-request-06jun08.pdf ICM Registry LLC v. ICANN]</ref>
[http://www.icann.org/en/irp/icm-v-icann/icann-response-to-icm-request-08sep08.pdf ICANN Response to ICM Request for IRP]</ref>
[http://www.icann.org/en/irp/icm-v-icann/icann-response-to-icm-request-08sep08.pdf ICANN Response to ICM Request for IRP]</ref>
On February 18, 2010, the IRP declared that ICM Registry met the required sponsorship criteria for the .xxx sTLD application process, and that ICANN did not carry out a fair and objective decision. Pursuant to Article IV, Section 3(12) of the Bylaws, the Internet governing body will shoulder the fees and expenses incurred by the ICDR ($4,500) including all the expenses and fees of the IRP ($473,744.91) and reimburse the ICM registry's expenses ($241,372.46).<ref>
On February 18, 2010, the IRP declared that ICM Registry met the required sponsorship criteria for the .xxx sTLD application process, and that ICANN did not carry out a fair and objective decision. Pursuant to Article IV, Section 3(12) of the Bylaws, the Internet governing body would shoulder the fees and expenses incurred by the ICDR ($4,500) including all the expenses and fees of the IRP ($473,744.91) and reimburse the ICM registry's expenses ($241,372.46).<ref>
[http://www.icann.org/en/irp/icm-v-icann/irp-panel-declaration-19feb10-en.pdf Declaration of the Independent Review Panel]</ref>
[http://www.icann.org/en/irp/icm-v-icann/irp-panel-declaration-19feb10-en.pdf Declaration of the Independent Review Panel]</ref>
==References==
==References==