Cheers,
Chris
On 2 Oct 2015, at 21:07 , Avri Doria <avri@acm.org> wrote:Hi,
Within ICANN, it rests with the Board.
I resist the idea of including going to court as a normal part of our
process. I have argued all the way through this process, that going to
court is something to be avoided and something we should not consider to
be part of the process. Yes at the end of the day it needs to be
possible, but it is a failure indication.
avri
On 02-Oct-15 06:57, Chris Disspain wrote:No Avri. At the end of the day it rests with the court as I believe is
clear from the note from JD.
After a finding by an arbitration panel that a bylaw has been
breached, it is a matter for the Board about how they remedy (as I
believe is the case with the member model also) and that remedy is
itself subject to a claim that it breaches a bylaw (if the community
has consensus). If the Board refuses to abide by the ruling then a
court can order them to do so.
Have I misunderstood the way the member model works. I believe Becky
has said numerous times that the only finding could be that the
relevant bylaw has been breached, NOT that the Board must take a
specific action. Is that wrong?
Cheers,
ChrisOn 2 Oct 2015, at 20:46 , Avri Doria <avri@acm.org
<mailto:avri@acm.org>> wrote:
Hi,
That was one of my favorite lines as well.
And is a key point. In the current model, and as far as I can tell in
the MEM, at the end of the day, all always rests "within the Board's
discretion."
avri
On 02-Oct-15 05:29, Dr Eberhard W Lisse wrote:I really LOVE this one:
[...]
"the Board is required to remedy that violation, within the
Board’s discretion."
[...]
(last line on Page 1)
---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community
---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community