[Acct-Legal] Fwd: [CCWG-ACCT] Legal question

Tue Apr 21 04:22:53 UTC 2015

I am forwarding Chris Disspain's email into the Legal Sub Team for further
consideration.  I will let our counsels respond, should the Legal Sub
Team's discussion result in a referral of the questions to counsel.

Greg Shatan

---------- Forwarded message ----------
From: Chris Disspain <ceo at auda.org.au>
Date: Tue, Apr 21, 2015 at 12:03 AM
Subject: [CCWG-ACCT] Legal question
To: Accountability Cross Community <accountability-cross-community at icann.org
>

Hello All,

I’m not sure if this email should be addressed to the whole group, the
legal sub-team or some other. Anyway, I have some questions that I would
appreciate answers to from the CCWG’s lawyers. Happy to discuss on the
upcoming CCWG call.

Under the current structure of ICANN and its SOs and ACs

1. Is it correct that a bylaw saying that a combination of those SOs and
ACs can veto the budget or veto a bylaw change can be drafted and put in to
the bylaws?

2. Is it correct that were there to be such a bylaw and the SOs and ACs
were to veto the budget or a bylaw change pursuant to that bylaw then the
Board of ICANN could ignore that veto and that the SOs and ACs could not
enforce the veto?

3. Is it correct that the veto bylaw could be drafted to require binding
arbitration in the event that the Board refused to follow the SO/AC veto
and if so would the Board be bound by the arbitration finding?

4. Is it correct that a Board spill bylaw could be inserted in to the
bylaws and if triggered would be enforceable?

Cheers,

Chris

On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
wrote:

All,

I am forwarding this document from Counsel for your records and for its
relevance for our overall work.

Best regards,

León

Inicio del mensaje reenviado:

*Para: *"ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>
*Fecha: *17 de abril de 2015 22:21:36 GMT-5
*De: *List for the work of CCWG-Accountability Legal SubTeam <
ccwg-accountability5 at icann.org>
*Asunto: **[Acct-Legal] (no subject)*
*Responder a: *ccwg-accountability5 at icann.org

Dear Legal Sub-Team,  Attached please find revisions to the chart comparing
the member and designator approaches  from Sidley and Adler & Colvin as
requested.  Please note that in our cover memo we have posed several
questions for your consideration.  We have also provided a discussion of
some considerations regarding implementation of both approaches.  We are
look forward to discussing with CCWG next week.  Kind regards, Holly

*HOLLY J.  GREGORY*

*Partner*
*Sidley Austin LLP*
+1.212.839.5853
holly.gregory at sidley.com

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<Legal Assessment_  Governance Chart.pdf>

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