Thanks Marika. I'll defer to J. Scott as to substance, but wanted to remark I believe this is well-drafted and clear. Unfortunately I cannot make the
call today due to a meeting at the McCarthy Institute. I'll listen to the reccording later to stay abreast. Thank you, Anne
Anne
E. Aikman-Scalese
Of Counsel
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Dear All,
In relation to the issue of deferral of motions, please find below the latest version of the proposed response to the GNSO Council for review / approval on today's SCI meeting.
With best regards,
Marika
Deferral of motions – Proposed Response
The SCI was asked to consider the current GNSO Council informal practice whereby a party may request the deferral of a motion to a later date in those situations
where a formal process for a deferral is not specifically provided (for example, certain deferrals are foreseen as part of the GNSO PDP, see http://gnso.icann.org/council/annex-2-pdp-manual-16dec11-en.pdf)
. The
SCI discussed this practice and whether there was a need to create a procedure to formalize this informal practice. After much debate, the SCI concluded that the current practice of allowing for the deferral of motions was done as a matter of courtesy at the
discretion of the Chair of the GNSO Council. For this reason, the SCI concluded that there was no need to create a formal procedure at this time. However, the SCI felt that it was necessary to explicitly state that there is no rule that the Chair must always
exercise his or her discretion in the affirmative. Given that the current informal practice is at the discretion of the Chair, the Chair can exercise that same discretion in considering whether to grant or deny any request and can also exercise his or her
discretion when determining how to handle any specific situation that may occur with regard to this informal practice.
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