RIPE NCC Conflict Arbitration Procedure Daniel Karrenberg ____________________________________________________ RIPE NCC Conflict Arbitration Procedure Daniel Karrenberg Version 2.0 25.11.97 Status This procedure comes into effect when the RIPE NCC Association starts providing the RIPE NCC services on January 1st 1998. It has been approved by the executive board of the association. A consultation process with the membership which may result in extensions and ammendments is going to be started in 1998. Purpose This procedure is intended to resolve conflicts relating to RIPE NCC services in a timely and pro- fessional manner based on professional expertise and without involvement of the courts. As such it is part of the process of industry self regulation. Scope and Applicability This procedure is applicable to service related con- flicts between contribtors and the RIPE NCC. It is also applicable to conflicts between RIPE NCC contributors about issues directly related to RIPE NCC services particularly address space registration services. The contributors and the RIPE NCC agree to use this procedure to solve such conflicts. Principles The arbitration process shall be expeditious, pro- fessional and impartial. Each party chooses an arbitor from a pool approved ____________________________________________________ ripe-174.txt Page 1 RIPE NCC Conflict Arbitration Procedure Daniel Karrenberg ____________________________________________________ by the contributors. Two arbitors choose a third to form a three peson arbitration panel. Arbitor Pool Arbitors shall be persons known and respected by the RIPE community. They shall have good knowledge of the Internet environment. The pool should reflect as broad a spectrum of con- tributors as possible. Arbitors will be named by the RIPE NCC executive board. They will be in function immediately after the nomination. The arbitors have to be approved at the first GA meeting after their nomination. The RIPE NCC executive board shall strive to ensure that at any time the poool of arbitors will consist of at least 6 persons. If there are less than 4 arbitors in the pool, par- ties may choose any individual willing to serve as an arbitor. Arbitors having a direct conflict of interest in a particular arbitration procedure will exclude them- selves as early as possible in the procedure. Arbitors cannot be employed by or otherwise be directly associated whith a party to the conflict at hand. Should a conflict of interest become apparent at a late stage in the arbitration process the arbitor concerned has to immediately inform the par- ties to the conflict and the other arbitors in the panel. The panel then decides how the conflict has to be addressed. Contact and short biographical information about all arbitors shall be published by the RIPE NCC. The RIPE NCC shall also provide clerical support to those arbitors that wish to use it. Initiation of the Procedure In case of conflicts both parties should document their grievances and communicate them to the other party. They should then try to resolve the conflict between themselves. ____________________________________________________ ripe-174.txt Page 2 RIPE NCC Conflict Arbitration Procedure Daniel Karrenberg ____________________________________________________ Only if such resolution has been tried and docu- mented by at least one of the parties the formal procedure can start. The party initiating the procedure will select an arbitor from the pool and provide the arbitor with a written summary of their position in the conflict as well as documentation of their efforts to resolve it. The arbitor shall verify that sufficient attempts at direct resolution have been made. He shall then notify the other party that the resolution procedure has been initiated. The other party will then have two calendar weeks to either accept arbitration by this arbiter or to select one of their own from the pool. If they do not react within this time the first arbiter can decide to proceed with the single arbiter procedure or to select another arbiter from the pool for the other party and proceed with the three arbitor pro- cedure. Single Arbitor Procedure The single arbitor procedure is executed under the responsibility of one arbitor. He can decide to obtain and document advice from other arbitors or relevant experts. Witin 8 weeks from the start of the procedure the arbitor shall communicate his arbitration ruling to the parties concerned. Three Arbitor Procedure The three arbitor procedure is executed by a panel of three arbitors. Each side in the conflict chooses one arbitor who then together nominate a third. The third arbitor is responsible for the progress of the procedure. The basic procedure is the same as the single arbitor one except that the time limit the arbitra- tion ruling is 12 weeks. The panel will strive to make unanimous rulings. In the exceptional case of this being impossible a majority ruling can be made. ____________________________________________________ ripe-174.txt Page 3