On 21/05/2015 08:14, Mathieu Weill wrote:
I have four questions : - If the Board refuses to act on the arbitrator findings, why would the community turn to California Court instead of recall the Board ?
I expect that people's views on that would depend on the circumstances. Suppose (for the sake of example) that the problem was that the Board had inserted something crazy and wildly out of scope into the RAA, without any support from the PDP and in defiance of an IRP ruling instructing the Board to desist (but maybe at the behest of a particular class of stakeholder). In such circumstances, the gTLD community might feel that turning to the court for enforcement of the IRP ruling was a less extreme measure than spilling the whole Board. Or they might try to spill the Board, but find that neither the ccNSO nor the ASO would support them, as neither ccNSO nor ASO are directly affected by the RAA themselves. Additionally, there is one special circumstance in which referral to a court would be the only possible recourse: in the event that the community tries to exercise its power to spill the Board, and the Board insists on remaining in office nonetheless. Malcolm. P.S. I am talking, of course, of extreme scenarios that no previous Board ever came close to, nor would I expect the current Board would dream of enacting. I have great respect for the integrity of the current incumbents. But our job is to propose the reforms necessary to provide assurance that this will continue for all future Boards; considering extreme scenarios is our responsibility, and cast no aspersions on the personal integrity of current or past Board members. This has been said many times before, but our conversation has recently been joined by others who have clearly not heard it. -- Malcolm Hutty | tel: +44 20 7645 3523 Head of Public Affairs | Read the LINX Public Affairs blog London Internet Exchange | http://publicaffairs.linx.net/ London Internet Exchange Ltd 21-27 St Thomas Street, London SE1 9RY Company Registered in England No. 3137929 Trinity Court, Trinity Street, Peterborough PE1 1DA