Hello Farzaneh,
governments might not be willing to accept entering into a binding arbitration, and above all they might not be able to enter into such binding arbitration agreement.
I have heard this argument too. I think there may be some misunderstanding about who is “bound” by the arbitration. In my view the intent of the arbitration is to decide if the Board followed its bylaws, and then bind ICANN into the outcome of that arbitration decision. We are not making a decision on whether Governments are right or wrong, or binding them to the outcome of that decision in any way. Governments are of course free to pass national laws or enter into treaties between themselves on any topic they choose to raise. Nothing we do binds them in any way. Regards, Bruce Tonkin