Yes, it is possible to set p a system that favors international arbitration over court, but it is worth testing your assumptions re cost, etc. Sent from my iPad
On May 21, 2015, at 10:40 PM, Avri Doria <avri@acm.org> wrote:
Hi,
I come back to my question which I do not think anyone answered.
Is it possible to design this enforceability mechanism so that at the most extreme it ends up before international mediators instead of US courts?
I know individuals contracts can be set to end in arbitration or mediation instead of litigation. Could such a feature be useful here.
I support the goal, but am not comfortable with litigation. Not only does it have to do with the national aspects and my distrust of the judicial system, it has to do with the cost of litigation and the fact that ICANN corporate has a very deep legal war chest and rarely loses. How would the members fund their side of the litigation? By and large in the US legal system, except in the rare case, it is won by the deepest pocket.
avri
On 21-May-15 19:30, Drazek, Keith wrote: Becky, this is really helpful. Thanks.
Keith
-----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Burr, Becky Sent: Thursday, May 21, 2015 12:45 PM To: Accountability Cross Community Subject: [CCWG-ACCT] Clarification
Steve Del Bianco asked if I meant to imply that you would have to go to an IRP first if the Board decided to ignore a community budget veto. My response below:
Depends a little on the details, e.g. Whether IRP exhaustion was required, etc., how easy it is to secure injunctive relief through IRP vs court. My real point is that in a membership structure the board would be legally bound to respect community veto, so unless you anticipate a lawless board, they would respect the veto. Without the membership structure the board has a legal obligation to exercise its fiduciary obligations and look behind the advisory veto. Assuming good faith all around, the membership structure actually reduces the likelihood of litigation
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