The important issue arising is in 2 parts. Accountability and a general sense is already being fully discussed. However the more difficult issue is designing a dispute resolution system which has the flexibility to discuss the issues graphically illustrated by this case. Do we want to set up a quasi-judicial system within ICANN with a level of review or appeal? Should we try and harmonise all of the existing review systems so that there is a common procedure and a review/appeal level? There are many ad hoc panels, some barely used and others heavily used. One of the purposes of such a quasi-judicial tribunal/appeal system is that there are independent arbitrators/review panels who can make objective decisions, as I suspect the Independent Review Panel wanted, in the .hotel case. I don't think this has been greatly discussed so far. Chris LaHatte Ombudsman Blog https://omblog.icann.org/ Webpage http://www.icann.org/en/help/ombudsman -----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Jeff Neuman Sent: Wednesday, March 04, 2015 4:55 PM To: Phil Corwin Cc: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP It is also significant in that the panel actually shares a lot of the concerns expressed by the challenging party, but was powerless to do anything because of the extremely limited mandate of the IRP. This again demonstrates the significance of the changes that were put in by the icann staff and board "in the middle of the night" after the ICM decision when few people other than the registries were paying attention (and ignored). This accountability group must put back in place reasonable mechanisms that do not leave impacted parties powerless to get relief especially where a panel, like the one here, shares the concerns expressed by the challenger. Sent from my iPad
On Mar 3, 2015, at 10:39 PM, Phil Corwin <psc@vlaw-dc.com> wrote:
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<http://Booking.com>. The declaration can be found at https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf .
Best,
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