Non-profit domain overseer argues that an emergency stay isn’t required.
ICANN has responded to a request by Afilias to stay any ICANN actions that would further the delegation of the .Web top level domain while the International Centre for Dispute Resolution considers a complaint that Afilias filed. (Here’s the backstory.)
In its opposition to the emergency stay, ICANN points out that Afilias has participated in similar behavior to what Afilias is complaining about: buying and selling new TLDs. Afilias has acquired other TLDs and is trying to acquire more, and ICANN posits that the deal between Nu Dot Co and Verisign is essentially the same thing. I’m sure Afilias would argue that doing a deal before an auction is different, but it didn’t register any complaints when Automattic did something similar for .blog.
ICANN also points out that Afilias waited two years before lodging it formal complaint and asking for an emergency stay, which belittles the idea that there’s an emergency.
Also, if ICANN delegates .Web to Nu Dot Co, its contracts will allow it to cancel the agreement should the IRP be found in Afilias’ favor and ICANN’s board agrees.
The full response is here (pdf).