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Re: ISPs as stakeholders



On Tue, 9 Dec 1997, Dave Crocker / IMC wrote:

> >However, I am told, such court orders cannot be used against 
> >Swiss non-profits and therefore could not be used against CORE.
> 
> could such a US court order be enforced on a UK corporation?  How about one
> in Malaysia?  South Africa?

It is my understanding that a US court order can be enforced in the 
UK.  The UK has been a centre for international commerce for centuries
and has evolved a very open legal system to encourage this.  

Switzerland, in contrast, has been a place to hide money and other 
assets for centuries and has evolved laws to encourage and protect 
this practice.

> The essence of this issue is having the registry operator being located in
> a different country than the court used by the plaintiff.

Yes.  Currently most (97%?) of registrations in .com come from the
USA.  A decision to transfer .com to CORE is a decision means that
lawsuits most either be heard in Swiss courts at very high cost or
in US courts whose judgements would appear to be unenforceable.

Yes, I know that we will be encouraged to trust in CORE, for they are
honourable men.  

> >Many countries, including the United Kingdom, have reciprocal 
> >agreements with many or most foreign countries, so that foreign
> >judgements can be executed in the UK and vice versa.  Switzerland
> 
> So, if a couple get divorced and the spouse who is supposed to pay alimony
> flees to another country, the court order for payment will be enforceable
> in the country to which the non-paying spouse fled?  

I have been looking into commercial law, not family law.  

--
Jim Dixon                                                 Managing Director
VBCnet GB Ltd                http://www.vbc.net        tel +44 117 929 1316
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   "The louder he talked of his honor, the faster we counted our spoons."
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Member of Council                                                 President
Internet Services Providers Association                       EuroISPA EEIG
http://www.ispa.org.uk                              http://www.euroispa.org