[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: ISPs as stakeholders
- Date: Tue, 9 Dec 1997 14:45:54 +0000 (GMT)
- From: Jim Dixon <jdd@matthew.uk1.vbc.net>
- Subject: 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
---------------------------------------------------------------------------
"The louder he talked of his honor, the faster we counted our spoons."
---------------------------------------------------------------------------
Member of Council President
Internet Services Providers Association EuroISPA EEIG
http://www.ispa.org.uk http://www.euroispa.org