[arin-ppml] ARIN procedures for disputes

[Michel Py]

From: John Curran [mailto:jcurran at arin.net] 
Sent: Sunday, November 20, 2016 7:30 PM
To: Michel Py
Cc: arin-ppml at arin.net
Subject: Re: [arin-ppml] ARIN procedures for disputes

On 20 Nov 2016, at 2:29 PM, Michel Py <michel at arneill-py.sacramento.ca.us> wrote:
...
I was communicating with ARIN staff recently about a dispute related to org split, and was told "there aren't any actions you can take with ARIN to dispute having any of this IP range transferred to your Organization".

I am a bit surprised; I was trying to avoid a legal procedure. I do understand that ARIN would not want to be involved with this kind of issue, but ARIN is going to be in the middle of it no matter how; isn't there a better way than a full blown lawsuit ?

Michel - 

Depending on the circumstances and parties involved, arbitration or litigation 
might be the only option, but I do hope that is not necessary (we usually only
end up there when there are multiple parties asserting rights to the same 
number resource…)

However, before it gets to that, you do want to make the resource request, 
and supply the information necessary (that you have available) and pursue 
to the end result.  

If the result is that the request is denied, then you should review this page:  
<https://www.arin.net/resources/resource_requests/appeal_process.html>
which outlines the ARIN Appeal Process.   In short - 

1) First, ask to have the request reviewed by RSD Director and ARIN COO -
    (this will determine if there has bene any error in processing the request 
    per our procedures which implement the number resource policy.) 
     
2) If the determination stands after review, and you believe that ARIN is not 
    properly implementing number resource policy, then send me a letter 
    indicating that you are appealing the determination, including the ARIN 
    ticket number.  I’ll review whether ARIN’s implementation of the policy is 
    correct, including reviewing our implementation procedures for the policy.
    If I find that they are in error, then we will correct them so that your request 
    (and any similar ones) will be processed correctly.   If we are correctly
    processing these requests per number resource policy, then I’ll inform you 
    of that; you do have the arbitration mechanisms provided in the RSA if you 
    wish to pursue further (and may have other legal options as you noted.)

Thanks!
/John

John Curran
President and CEO
ARIN