[CCWG-ACCT] Summary words from engagement meeting

[Seun Ojedeji]

On Sat, Oct 17, 2015 at 2:25 PM, Jordan Carter <jordan at internetnz.net.nz>
wrote:

> Thanks Desiree - copying to list for the record and to share your thoughts.
> J
>
> On 17 October 2015 at 12:19, Desiree Miloshevic <dmiloshevic at afilias.info>
> wrote:
>
>> Jordan
>>
>> Myself, like Malcolm has said, have come out of our Enforcement model
>> breakout session thinking that in the end there is not a huge advantage of
>> the Sole Membership model
>> over the Single Designator Model.
>>
>> However, we should explore other opportunities. For example we have not
>> discussed enough the indirect Enforcement - the spill of the board
>> as that may end up being a faster and more efficient way than court
>> proceedings, that would, in the end, keep deciding if something is
>> a fiduciary duty or not regardless of potentially reserved membership
>> statutory powers and regardless of what the board suggests.
>>
>
So: Just for the record, I like to add my +1 to what Desiree has said
above. As one of those who participated in the enforcement subgroup its one
of my take away from that discussion. Its also the reason i asked why we
decided to restrict ourselves to discussing SD and SM only. The Co-Chairs
said they were going to respond to that later, I hope the response can be
shared as soon as they can.

Regards



>
>> Desiree
>> --
>>
>> On 17 Oct 2015, at 12:00, Jordan Carter <jordan at internetnz.net.nz> wrote:
>>
>> Here are my notes as outlined at the meeting, for the record:
>>
>> 1. We focused on IRP, because PTI would end up in an IRP.
>>
>>
>> 2. IRP enforcement process is the same regardless of the model. If after
>> arbitration award is granted, losing party objects, prevailing party must
>> go to court for enforcement of arbitration award
>>
>>
>> 3. In both models there is a legal person - the sole designator or member
>> - that can be party to IRP if required.
>>
>>
>> 4. In either model, fiduciary duties are important and have the effect of
>> limiting the scope of what can be arbitrated in an IRP setting.
>>
>>
>> 5.  In the member model the board is limited in asserting that its action
>> was protected as a fiduciary business judgment as to community powers
>> reserved to the sole member. (That is, the scope of issues properly subject
>> to arbitration is therefore broader in member model.)
>>
>>
>> 6. Preferences were split among those present between the two models.
>>
>>
>> 7. My personal preference on this dimension angles slightly towards the
>> member model, because it provides for stronger enforceability of the
>> community powers through the IRP or generally - that is, as said, it does
>> that by removing the possibility of ICANN arguing that enforcement of those
>> powers conflicts with fiduciary duties and so cannot be arbitrated.
>>
>> --
>> Jordan Carter
>>
>> Chief Executive
>> *InternetNZ*
>>
>> +64-4-495-2118 (office) | +64-21-442-649 (mob)
>> Email: jordan at internetnz.net.nz
>> Skype: jordancarter
>> Web: www.internetnz.nz
>>
>> *A better world through a better Internet *
>>
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>>
>>
>
>
> --
> Jordan Carter
>
> Chief Executive
> *InternetNZ*
>
> +64-4-495-2118 (office) | +64-21-442-649 (mob)
> Email: jordan at internetnz.net.nz
> Skype: jordancarter
> Web: www.internetnz.nz
>
> *A better world through a better Internet *
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>


-- 
------------------------------------------------------------------------





*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

Bringing another down does not take you up - think about your action!
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