[CCWG-ACCT] Regarding ICANN's adherence to "international law"

[Jacob Malthouse]

Hi Bruce, wouldn't someone just go all the way to IRP anyway even if there
was a new gTLD appeal? No one's going to voluntarily stop at appeal #1 if
appeal #2 is still on the table. Best, J.


Jacob Malthouse
Co-founder & Director, Big Room Inc.
778-960-6527
http://www.bigroom.ca/

On 17 March 2015 at 15:26, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
wrote:

> Hello Greg,
>
>
> >>  The idea that gTLD panel decisions should be unappealable might have
> seemed reasonable in the abstract.  In practice, it has turned out to
> enshrine and insulate inconsistent and poorly reasoned decisions.  This may
> not be the right forum for revisiting that decision, as opposed to New gTLD
> Program review processes.  Furthermore, this may not be an issue that
> involves reviewing Board decisions, so again, this may not be the right
> place (or at least, the right email thread) to bring this up.
>
> >>  However, there's still a legitimate issue raised by the
> "unappealability" of certain decisions, which does need to be revisited in
> whatever the right place and time is.
>
> Yes the lack of an appeal process within the new gTLD program has
> basically shifted the focus to the Board.   I.e. parties unhappy with an
> independent panel decision have escalated it to a Board panel
> (reconsideration process).   The reconsideration process did not include
> reviewing an independent panel decision on its merits (the Board doesn't
> actually have the subject matter expertise to review most panel decisions
> on their merits)  – but instead involves reviewing  that the panel followed
> the dispute process properly.   Then IRP is then used to appeal the Board
> reconsideration decision.   The root cause in these cases is the lack of an
> ability to appeal an independent panel decision within the new gTLD program
> on its merits.
>
> Regards,
> Bruce Tonkin
>
>
>
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