[gnso-improvem-impl-sc] RE: For your review - proposed response deferral of motions

Thu Sep 27 15:58:51 UTC 2012

I agree with Anne on both counts:  It is well drafted and clear and will also defer to J. Scott as to substance.

Ray

From: owner-gnso-improvem-impl-sc at icann.org [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Aikman-Scalese, Anne
Sent: Thursday, September 27, 2012 11:18 AM
To: 'Marika Konings'; gnso-improvem-impl-sc at icann.org
Subject: [gnso-improvem-impl-sc] RE: For your review - proposed response deferral of motions

Thanks Marika.  I'll defer to J. Scott as to substance, but wanted to remark I believe this is well-drafted and clear.  Unfortunately I cannot make the call today due to a meeting at the McCarthy Institute.  I'll listen to the reccording later to stay abreast.  Thank you, Anne

Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
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AAikman at LRLaw.com • www.LewisandRoca.com/Aikman 

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From: owner-gnso-improvem-impl-sc at icann.org [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Marika Konings
Sent: Thursday, September 27, 2012 12:59 AM
To: gnso-improvem-impl-sc at icann.org
Subject: [gnso-improvem-impl-sc] For your review - proposed response deferral of motions

Dear All,

In relation to the issue of deferral of motions, please find below the latest version of the proposed response to the GNSO Council for review / approval on today's SCI meeting.

With best regards,

Marika

Deferral of motions – Proposed Response

The SCI was asked to consider the current GNSO Council informal practice whereby a party may request the deferral of a motion to a later date in those situations where a formal process for a deferral is not specifically provided (for example, certain deferrals are foreseen as part of the GNSO PDP, see http://gnso.icann.org/council/annex-2-pdp-manual-16dec11-en.pdf). The SCI discussed this practice and whether there was a need to create a procedure to formalize this informal practice. After much debate, the SCI concluded that the current practice of allowing for the deferral of motions was done as a matter of courtesy at the discretion of the Chair of the GNSO Council.  For this reason, the SCI concluded that there was no need to create a formal procedure at this time.  However, the SCI felt that it was necessary to explicitly state that there is no rule that the Chair must always exercise his or her discretion in the affirmative. Given that the current informal practice is at the discretion of the Chair, the Chair can exercise that same discretion in considering whether to grant or deny any request and can also exercise his or her discretion when determining how to handle any specific situation that may occur with regard to this informal practice.  

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