[CCWG-ACCT] MEM and enforceability

Jordan Carter jordan at internetnz.net.nz
Tue Sep 22 13:23:25 UTC 2015


Hi all,

On 23 September 2015 at 01:18, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au
> wrote:

> Hello Avri,
>
> >>  This easy resort to US courts is something I find problematic.  If the
> Board's response to an disagreement is "take us to court if you don't like
> it," we will have failed.
>
> Exactly.   I am a strong supporter of the independent review mechanism,
> ensuring the outcomes are binding, and only relying on courts in the
> unlikely situation that the Board tries to overturn such a decision.   I
> hope it never comes to needing to take the matter to court.   WE do need to
> make sure there is a path for taking it to court, but not put all our
> effort into the 1% situation.   Most of the effort in my view should be to
> get the independent review mechanisms right.
>

+1. The only thing that would guarantee further disputes is no available
court recourse. Like many of these powers, clear chains of accountability
and dispute resolution help encourage good behaviour by everyone in the
system....

J
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