[CCWG-ACCT] [Acct-Legal] Fwd: Legal question

Kavouss Arasteh kavouss.arasteh at gmail.com
Tue Apr 21 05:40:44 UTC 2015


Dear All,
The questions are valid and answer to one Q is addressed in the other question.
Yes the Qs are not difficult to answer
Kavouss    

Sent from my iPhone

> On 21 Apr 2015, at 06:55, Chris Disspain <ceo at auda.org.au> wrote:
> 
> Hi León,
> 
> Really? They are fairly simple questions. As I said, I can ask them on the call.
> 
> 
> 
> 
> 
> 
> Cheers,
> 
> 
> 
> Chris
> 
> 
>> On 21 Apr 2015, at 14:32 , León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
>> 
>> Thanks Greg,
>> 
>> I just want to note that for the short notice it is unlikely we will be able to have answers to feed the discussion in our call tomorrow. 
>> 
>> 
>> Best regards,
>> 
>> 
>> León
>> 
>>> El 20/04/2015, a las 23:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org> escribió:
>>> 
>>> I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration.  I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel.
>>> 
>>> 
>>> Greg Shatan
>>> 
>>> ---------- Forwarded message ----------
>>> From: Chris Disspain <ceo at auda.org.au>
>>> Date: Tue, Apr 21, 2015 at 12:03 AM
>>> Subject: [CCWG-ACCT] Legal question
>>> To: Accountability Cross Community <accountability-cross-community at icann.org>
>>> 
>>> 
>>> Hello All,
>>> 
>>> I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call.
>>> 
>>> Under the current structure of ICANN and its SOs and ACs 
>>> 
>>> 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws?
>>> 
>>> 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto?
>>> 
>>> 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding?
>>> 
>>> 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable?
>>> 
>>> 
>>> 
>>> 
>>> Cheers,
>>> 
>>> 
>>> 
>>> Chris
>>> 
>>> 
>>>> On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
>>>> 
>>>> All,
>>>> 
>>>> I am forwarding this document from Counsel for your records and for its relevance for our overall work.
>>>> 
>>>> 
>>>> Best regards,
>>>> 
>>>> 
>>>> León
>>>> 
>>>>> Inicio del mensaje reenviado:
>>>>> 
>>>>> Para: "ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>
>>>>> Fecha: 17 de abril de 2015 22:21:36 GMT-5
>>>>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org>
>>>>> Asunto: [Acct-Legal] (no subject)
>>>>> Responder a: ccwg-accountability5 at icann.org
>>>>> 
>>>>> 
>>>>>  
>>>>> Dear Legal Sub-Team,  Attached please find revisions to the chart comparing the member and designator approaches  from Sidley and Adler & Colvin as requested.  Please note that in our cover memo we have posed several questions for your consideration.  We have also provided a discussion of some considerations regarding implementation of both approaches.  We are look forward to discussing with CCWG next week.  Kind regards, Holly
>>>>>  
>>>>> HOLLY J.  GREGORY
>>>>> Partner
>>>>> 
>>>>> Sidley Austin LLP
>>>>> +1.212.839.5853
>>>>> holly.gregory at sidley.com
>>>>>  
>>>>> 
>>>>>  
>>>>> ****************************************************************************************************
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>>>>> If you are not the intended recipient, please delete the e-mail and any attachments and notify us
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>>>>> 
>>>>> ****************************************************************************************************
>>>>> 
>>>> <Legal Assessment_  Governance Chart.pdf>
>>>>> _______________________________________________
>>>>> Ccwg-accountability5 mailing list
>>>>> Ccwg-accountability5 at icann.org
>>>>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
>>>> 
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