[CCWG-ACCT] Continued Counsel Dialogue

[Chris Disspain]

I don’t disagree with you Avri but isn’t going to court the ultimate enforceability in any of the models/ideas we have been discussing?


Cheers,

Chris

> On 2 Oct 2015, at 21:07 , Avri Doria <avri at acm.org> wrote:
> 
> Hi,
> 
> Within ICANN, it rests with the Board.
> 
> I resist the idea of including going to court as a normal part of our
> process.  I have argued all the way through this process, that going to
> court is something to be avoided and something we should not consider to
> be part of the process.  Yes at the end of the day it needs to be
> possible, but it is a failure indication.
> 
> avri
> 
> 
> On 02-Oct-15 06:57, Chris Disspain wrote:
>> No Avri. At the end of the day it rests with the court as I believe is
>> clear from the note from JD. 
>> 
>> After a finding by an arbitration panel that a bylaw has been
>> breached, it is a matter for the Board about how they remedy (as I
>> believe is the case with the member model also) and that remedy is
>> itself subject to a claim that it breaches a bylaw (if the community
>> has consensus). If the Board refuses to abide by the ruling then a
>> court can order them to do so.
>> 
>> Have I misunderstood the way the member model works. I believe Becky
>> has said numerous times that the only finding could be that the
>> relevant bylaw has been breached, NOT that the Board must take a
>> specific action. Is that wrong?
>> 
>> 
>> 
>> Cheers,
>> 
>> 
>> Chris
>> 
>> 
>>> On 2 Oct 2015, at 20:46 , Avri Doria <avri at acm.org
>>> <mailto:avri at acm.org>> wrote:
>>> 
>>> Hi,
>>> 
>>> That was one of my favorite lines as well.
>>> 
>>> And is a key point.  In the current model, and as far as I can tell in
>>> the MEM, at the end of the day, all always rests "within the Board's
>>> discretion."
>>> 
>>> avri
>>> 
>>> 
>>> On 02-Oct-15 05:29, Dr Eberhard W Lisse wrote:
>>>> I really LOVE this one:
>>>> 
>>>> [...]
>>>> "the Board is required to remedy that violation, within the
>>>> Board’s discretion."
>>>> [...]
>>>> 
>>>> (last line on Page 1)
>>> 
>>> 
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>> 
>> 
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