[CCWG-ACCT] Minority statements inclusion in report

Mueller, Milton L milton at gatech.edu
Tue Dec 1 17:12:42 UTC 2015


> -----Original Message-----
> It means that the parties who entered into existing contracts intended (and
> intend) to be bound by those agreements.  It means that neither a
> contracting party or anyone else should be able to bring a free standing case
> that the language, without context, is ultra vires.  It does not, however,
> modify any contracting party’s right to challenge the other party’s
> interpretation of that language.  Nor does it modify the scope of ICANN’s
> Mission.

This is reassuring, Becky, but I want it to be clear.

Are you willing to add to the current report the following language: 

The grandfathering statement, however, cannot be used to modify the scope of ICANN's mission nor to modify any contracting party’s right to challenge the other party’s interpretation of contractual language if they think enforcement actions are expanding the scope of ICANN's mission.  



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