[CCWG-ACCT] A plea for time

[Carlos Raul]

Good point Rubens:

We have to stress test even the " non-structural " proposals for
consistency. So much for time savings.

Carlos Raúl
On Oct 11, 2015 10:31 AM, "Rubens Kuhl" <rubensk at nic.br> wrote:

> The ICANN Board has proposed the Community IRP as binding arbitration. The
> CCWG’s attorneys have said that the Board can refuse to implement such a
> binding arbitration decision if it claims that to implement it would be a
> breach of its obligations to act in the best interests of ICANN. This is
> true BUT the community representatives can then go to court and a court
> will enforce the arbitration decision if it disagrees with the Board's
> view. In my opinion this is precisely the type of safeguard we need to have
> in place because it ensures that an elected board made up of
> representatives of the multi-stakeholder community will always act, first,
> in the interests of a stable and secure Internet and it puts in place an
> independent arbiter to decide, in the final analysis, if the community or
> the board is right.
>
>
> Just a small stress-test on this: let's say that ICANN is behaving so
> erratically that the community asked for ICANN to dissolve itself. Board
> refuses, community goes to Community IRP and prevails. Board then refuses
> again, saying that fiduciary duties to the corporation prevent them from
> implementing that decision... when this matter goes to court, a court may
> say that the articles of incorporation indeed prevent the board from
> dissolving the company, no matter any reasoning to the contrary. The court
> might not have latitude to tell ICANN to do otherwise even if the court
> agrees with both the community and the IRP panel.
>
>
> Rubens
>
>
>
>
>
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