.mu ccTLD jurisdiction

24 November 2014 by S. Moonesamy

.mu ccTLD

.mu is the country code top level domain (ccTLD) for the Republic of Mauritius. The current sponsoring organization is Internet Direct Ltd.

Heads of Agreement

According to a Heads of Agreement document published by the Information and Communication Technologies Authority (ICTA) in 2007, "the Government of Mauritius passed legislation by way of introduction of the ICTA Act of 2001 which provides that the ICTA authorise and regulate the registration, administration and management of domain names for Mauritius; and that the Internet Management Committee (IMC) administer domain names in the context of the development of the information and communication industry".

Governing Law

The term and conditions for .mu domain names are set by Internet Direct Ltd. The document states that "the terms and conditions are governed by English law" and that registrants "submit to the exclusive jurisdiction of the English courts". Furthermore, it is stated that the "Registrant waives any right to object to the venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction".

A version of the document, published in June 2013, stated that "For all disputes in which the MUNIC may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Mauritius applicable to contracts made and performed in Mauritius, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Mauritius, for any and all claims or disputes directed against the MUNIC and which arise out of, purport to enforce, construe, or otherwise relate to the .mu Domain name, this Agreement, or MUNIC Policies. The exclusive venue for such action shall be the Courts of Mauritius".

Special conditions for the .mu ccTLD

According to the terms and conditions for the .mu ccTLD, published in February 2007, "all disputes in which the MUNIC may be or is a party to the dispute, this registration agreement shall be exclusively governed by the laws of Mauritius applicable to contracts made and performed in Mauritius, without regard to conflict of laws principles. The Registrant hereby consents to the exclusive personal jurisdiction of the courts of Mauritius, for any and all claims or disputes directed against the MUNIC and which arise out of, purport to enforce, construe, or otherwise relate to the .mu Domain name, this Agreement, or MUNIC Policies. The exclusive venue for such action shall be the Courts of Mauritius".

Version 1.0 of the special conditions for the .mu ccTLD, published in October 2009, states that CoCCA (http://www.cocca.org.au) is the Trustee Authority and Internet Direct Ltd is the Registry. Version 1.1 of the special conditions, published in November 2010, states that Internet Direct Ltd is the Trustee Authority and Registry for the .mu ccTLD. Although CoCCA (http://www.cocca.cx) is showed as an entity beneath Internet Direct Ltd, there isn't any description of its involvement with the .mu ccTLD. Version 1.3 of the special conditions, published in July 2011, states that Internet Direct Ltd is the Trustee Authority and Registry and CoCCA (http://www.cocca.cx) is the Registry Operator. Version 1.4 of the special conditions, published in February 2013, states that Internet Direct Ltd is the Trustee Authority and Registry and CoCCA (http://www.cocca.org.nz) is the Registry Operator.

Acceptable Use Policy

According to the Acceptable Use Policy, "MUNIC or affected parties may utilize the CoCCA AUP CRS and/or the courts in the jurisdiction and venue specified in the Registration Agreement to resolve disputes over interpretation and implementation of this AUP, as described more fully in the CoCCA AUP CRS".

Conclusion

.mu domain names are, according to the sponsoring organization, governed by English law. It is unusual for an independent state such as Mauritius to have its ccTLD operating outside its jurisdiction. It is unlikely that a significant part of the local Internet community would find it affordable to seek redress in an English court.