I have not had a chance to review the entire 50-page document, but the heart of the decision is at the Conclusion, Sections 141-147 on pp.42-43. (decision attached)

The panel states that the limited nature of the current IRP means that any complainant faces an “uphill battle” and “significant obstavles.> That is especially true where, as here, the adopted policies and procedures are followed, with no available recourse to contesting the soundness of those policies and procedures.

The decision is a good example of the bounds of the current system. The question is to what extent new accountability measures should make challenges to Board actions less of an uphill battle, or provide a basis for challenging the underlying policies and procedures.

Philip S. Corwin, Founding Principal

Virtualaw LLC

1155 F Street, NW

Suite 1050

Washington, DC 20004

202-559-8597/Direct

202-559-8750/Fax

202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Samantha Eisner
Sent: Tuesday, March 03, 2015 10:06 PM
To: accountability-cross-community@icann.org
Subject: [CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP

ICANN received today the final declaration in the independent review proceeding filed by Booking.com. The declaration can be found at https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf. 

Best,

Samantha 

---

No virus found in this message.
Checked by AVG - www.avg.com
Version: 2015.0.5751 / Virus Database: 4299/9218 - Release Date: 03/03/15