>From: [EMAIL PROTECTED] (Cliff Dilloway)
>Subject: Dispute Resolution
>To: [EMAIL PROTECTED]
>CC: [EMAIL PROTECTED]
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>
>Having missed about a months discussion on the IFWP list the
>threatening of legal action by US participants appears to have become
>even more intense. Please would all those in the United States
>realise that their courts just do not have the power to control the
>Internet beyond their jurisdiction. The rest of the world use the
>Internet too. The dispute resolution process have to operate
>worldwide. If the dispute resolution process is not effective
>worldwide then you can be sure that anything that you object to will
>be done beyond the reach of a court to which you have access.
>
>Decisions on disputes have to be binding. ADR requires that the
>parties come to an agreement. The parties do not have to come to an
>agreement but if they are able to then in a sense there is no dispute.
>A binding dispute resolution process does not hinder any form of ADR.
> If the only alternatives are ADR and the courts we all know who is
>going to rub their hands with glee at the prospects of a opportunity
>to litigate.
>
>So let us make a construtive starting suggestion. Here is the lead in.
>Anyone who responds within three days has not read all that follows
>from the links. Anyone who responds within ten days has not read what
>follows from the links properly. The material is offered for
>consideration, others can advocate an approach on these lines if they
>find it acceptable.
>
>
>
>
> INTERNET GOVERNANCE BY SELF REGULATION
>
>
>
>
> Have you had cause to consider how some discipline
> might be exercised over the Internet. If so you
> will have realised that no country can exercise
> jurisdiction beyond it's own boundaries. There is
> much discussion but little prospect of action.
>
> Unless the Internet is made responsible for it's
> own self regulation. How that might be done is
> set out in the links from the Internet Notice
> below. Please be my guest.
>
> -------------------------------------------------
>
>
> An Internet Self Regulatory Process can be
> achieved through arbitration following an
> uncodified Law of the Internet. Published
> Reports on the diverse arbitral awards will
> evolve into a generally accepted Law of the
> Internet. One cannot expect to get it right
> first or even second time. Experience rules.
> The Reports will be available for comment on the
> Internet. The Law of the Internet is no more
> than morally binding but will guide future
> arbitrators, who will produce case Reports and so
> on ad infinitum.
>
> If not accepted graciously, each separate
> arbitrator's award may be enforced almost
> worldwide through international treaties.
> National courts will enforce the arbitrators'
> awards under the international treaties without
> any possibility of appeal. This is an
> International centric free solution to an
> International problem.
>
> The mechanisms for developing and enforcing a
> generally accepted Law of the Internet are
> explained at:
>
> o "Comments on how the Internet can arrange its
> own Regulation"
> http;//www.endispute.co.uk/isr/cirb.htm
> An overall description.(24k)
>
> o "Draft Constitution of The Internet Arbitration
> Association"
> http;//www.endispute.co.uk/isr/dciaac.htm
> An association to bring all those in the
> Internet Community under the Law of the
> Internet.(5k)
>
> o "Draft of the Law of the Internet Arbitration
> Rules"
> http;//www.endispute.co.uk/isr/diard.htm The
> Internet process for resolving disputes.(13k)
>
> o "Full effect of the Law of the Internet
> Arbitration Rules as expanded by the
> Arbitration Act 1996"
> http;//www.endispute.co.uk/isr/feiare.htm
> The effect of the supporting legislation is
> shown in full detail.(75k).
>
> The author is an individual working on his own.
>
>
> Cliff Dilloway [EMAIL PROTECTED]
> Comments to [EMAIL PROTECTED]
>
--
[EMAIL PROTECTED] [EMAIL PROTECTED]
Don't bother me. I'm living happily ever after.
