[WP1] Thanks, next work steps (pls read)

Jordan Carter jordan at internetnz.net.nz
Wed Jun 17 00:16:46 UTC 2015


I am not sure we have been advised about standing of participants in an IRP
to take legal action if ICANN disregards the outcome.

I think we have been advised that members would have standing to deal with
bylaws breaches.

Maybe Becky or Leon or other lawyers could chime in?

J

On Wednesday, 17 June 2015, Malcolm Hutty <malcolm at linx.net> wrote:

>
>
> On 16 Jun 2015, at 19:15, Greg Shatan <gregshatanipc at gmail.com
> <javascript:_e(%7B%7D,'cvml','gregshatanipc at gmail.com');>> wrote:
>
> The party who won the IRP.
>
>
> How would the enforce the IRP decision. We've been advised that they don't
> have standing in court to commence enforcement proceedings, only members do.
>
>
>
> On Tuesday, June 16, 2015, Malcolm Hutty <malcolm at linx.net
> <javascript:_e(%7B%7D,'cvml','malcolm at linx.net');>> wrote:
>
>> But if the Board chooses to disregard the IRP, who will enforce it if the
>> SOACs are disinclined to do so?
>>
>> Sent from my iPhone
>>
>> > On 16 Jun 2015, at 18:35, Greg Shatan <gregshatanipc at gmail.com> wrote:
>> >
>> > If the IRP is binding, the Board has no discretion to disregard it,
>> even if the community attempts to instruct it to do so (and even if the
>> community can wield "legal persons" in this attempt).
>>
>

-- 
Jordan Carter
Chief Executive, InternetNZ

+64-21-442-649 | jordan at internetnz.net.nz

Sent on the run, apologies for brevity
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