Legal Procedures within ICANN
Below is additional information about the various procedures under ICANN’s bylaws, which allow third parties to request information and records from ICANN, and appeal ICANN actions. Some of the procedures are detailed and complicated, and it is recommended to seek legal counsel for assistance.
The Documentary Information Disclosure Policy (DIDP)
Parties who wish to seek legal remedies related to an ICANN action or inaction may need to first obtain all the relevant information that will allow them to assess the situation and their chances of success. Parties may issue formal requests for disclosure of documents in the framework of legal proceedings. However, most information should already be available in view of ICANN’s openness and transparency obligations. Formal legal action may be cumbersome, and ICANN can be invited to disclose relevant information on a voluntary basis. This is why a party may consider the DIDP, which streamlines ICANN’s voluntary disclosure practice.
The Request for Reconsideration (RfR)
Any person or entity materially affected by an action or inaction of ICANN may request reconsideration of that action by the ICANN Board.
The Cooperative Engagement Process (CEP)
The CEP is a voluntary process which can be initiated before filing a Request for Independent Review (IRP). The process aims to resolve the contested issue and to determine if any issues remain for the IRP, or whether the matter should be brought to the ICANN Board’s attention. Although the CEP is voluntary, parties are urged to enter into a period of cooperative engagement.
The Independent Review Process (IRP)
The IRP is meant to be an independent third-party review of ICANN Board actions or inactions that are alleged to be inconsistent with ICANN’s Articles of Incorporation or Bylaws.
Any person materially affected by a decision or action by the Board that he or she asserts is inconsistent with the Articles of Incorporation or Bylaws may submit a request for independent review of that decision or action. In order to be materially affected, the person must suffer injury or harm that is directly and causally connected to the Board’s alleged violation of the Bylaws or the Articles of Incorporation.
Apart from the DIDP and the IRP, Namecheap may consider filing another Request for Reconsideration (RfR) if it is materially affected by another action or inaction of ICANN.