[CCWG-ACCT] [Acct-Legal] Fwd: Legal question
Dr Eberhard W Lisse
el at lisse.na
Tue Apr 21 07:26:02 UTC 2015
I object to the referral to a SubTeam for decision making.
el
--
Sent from Dr Lisse's iPad mini
> On Apr 21, 2015, at 05:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org> wrote:
>
> 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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>>>
>> <Legal Assessment_ Governance Chart.pdf>
>>> _______________________________________________
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>>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
>>
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